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2012 (1) TMI 302 - AT - Income TaxContributions/donations received by the assessee - income of the assessee u/s 2(24)(iva) - Held that:- Only ‘a benefit or perquisite’ in kind can be treated as income. Donations in the form of cash cannot be treated as a ‘benefit or perquisite’. Therefore as rightly pointed out by the learned counsel for the assessee, the donations received by the assessee do not become income chargeable to tax. The issue of representative assessee will come only when the income is chargeable to tax. Therefore, we do not see any reason to interfere with the order of the CIT(A). The contributions are not chargeable to tax in the hands of the assessee. There is no direction by the CIT(A) to the AO to take any action on the basis of said observations. In fact, we find that the said observations are in favour of the assessee herein. In view of the same, we do not see any substance in the Cross-objection and they are also dismissed.
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