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2019 (6) TMI 399 - AT - Income TaxAddition u/s 68 - amount represented corpus donation received by the Appellant which was exempt u/s 11(d) - HELD THAT:- It is also noted that the mode of transaction viz. depositing of cash equivalent to the donations immediately before the issuing of demand drafts raises doubt as to the genuineness of transactions, as also observed by the ITAT and earlier denied by the two letters written by Chairman, LEARN during original assessment, enumerating therein the fact that the assessee had no capacity to pay donation and now reflected in DCIT, Circle Imphal, letter dated 21.3.2013 received in fax, that the said NGO, LEARN only received donations from other parties during the assessment year 2005-06. Aall sufficient steps have been taken by the AO in accordance with the ITAT directions to investigate and unearth the truth behind the genuineness of corpus donation but no new facts or evidence came up as a result of same. It is germane to mention here that during the course of reassessment proceedings various queries were asked from the LEARN, which was not provided to the AO. In view of above, in our considered opinion, the assessee has failed to discharge his onus to prove the nature and genuineness of the corpus donation of ₹ 95 lacs, therefore, Ld. CIT(A) has rightly affirmed the action of the AO in treating the corpus donation of ₹ 95 lacs allegedly received from LEARN as undisclosed income in the hands of the assessee u/s. 68 - Decided against assessee.
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