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2012 (10) TMI 283 - AT - Income TaxDifference of opinion between two members - Reference to Third member to decide whether matter in relation to Charitable Trust is required to be restored back to the file of CIT(A) for a fresh decision - Held that- It is observed that assessee has produced its books of accounts along with names and complete addresses of the donor along with original receipt book of corpus fund before the AO. AO has chosen not to make further inquiry. Additional evidences in form of declaration from donors to the corpus fund had been admitted before the CIT(A). Revenue has not taken any ground of appeal in relation to violation of provision of Rule 46A. In the absence of any specific ground of appeal to the effect, it is held that JM was justified in not restoring back the issue to the file of the CIT(A) for a fresh decision - Decided in favor of assessee. Whether any inquiry was still required to decide the nature of the said “corpus fund” - Held that:- It was for the AO to make or not to make further inquiry in the facts and circumstances of the case with regard to the genuineness of the donation claimed by the assessee-trust to have received by it towards its “corpus fund”. The Tribunal as a second appellate authority could not direct the AO to make detailed inquiry for the reason that the issue of “inquiry” is not before the Tribunal - Decided in favor of assessee
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