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2014 (1) TMI 1664 - ITAT LUCKNOWAdditions made u/s 68 on unexplained corpus donations - CIT(A) deltd the addition - Held that:- The issue of addition u/s 68 of the Act on account of corpus donation is squarely covered by the order of the Tribunal pertaining to assessment year 2005-06 in which corpus donation was introduced under similar circumstances and the Tribunal has deleted the additions having observed that once a particular credit or donation is already declared by the assessee, the same cannot be added again. - Decided in favour of assessee. Addition u/s 69 on unexplained investment in the institute building on D.V.O.'s report - CIT(A) deltd the addition - Held that:- Undisputedly the reference to D.V.O. was made without rejecting the books of account of the assessee, therefore, in the light of judgment of Hon'ble Apex Court in the case of Sargam Cinema (2009 (10) TMI 569 - Supreme Court of India ), the D.V.O.'s report cannot be relied for determining the cost of investment in the property. In the case of Sargam Cinema (supra), their Lordships have categorically held that the Assessing Authority could not have referred the matter to D.V.O. without rejecting the books of account and, therefore, reliance placed on the report of the D.V.O. was misconceived - Decided in favour of assessee. ddition u/s 68 on account of unexplained corpus donation - the Revenue authorities have also applied the provision of section 115BBC of the Act - Held that:- As per sub section (3), unanimous donation are those donations for which no details of donors are maintained by the assessee. If the details are maintained, the donations cannot be called unanimous donation and provisions of section 115BBC cannot be invoked. In the instant case, undisputedly, the details were maintained by the assessee but the addition was made on account of non furnishing the confirmation letters. We are of the considered view that only those donations can be called unanimous for which details are not maintained. If it is properly maintained, it cannot be called unanimous donation. Since the assessee has maintained the details of donors, the donations cannot be called unanimous donation and provision of section 115BBC cannot be invoked in the given facts and circumstances of the case. If provision of section 115BBC cannot be invoked, the addition made u/s 68 are to be deleted in the light of the order of the Tribunal in assessee's case for assessment year 2005-06 - Decided in favour of assessee.
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