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2022 (4) TMI 388 - AT - Income TaxReopening of assessment u/s 147 - search under section 132 - Deduction u/s 35AC denied - as per AO all the expenses of the Trust were merely book entries and no genuine expenses were made by the Trust for section 35AC - One of the trustee also accepted that all these expenses are bogus and donations received in cheques were returned in cash to all the doners after ongoing normal commission - HELD THAT:- We find that all the judicial precedents available were prior to the decision of Honourable supreme court in case of CIT V Batanagar Education trust [2021 (8) TMI 139 - SUPREME COURT] where cancellation of registration of The Trust u/s 12 A as well as 80 G were upheld. When the recipient of donation has confirmed that donation were taken in lieu of cash and no activity is done, it would be too naïve to believe that assessee has donated sum in good faith. We do not find any infirmity in the order of the learned CIT(A) and accordingly, we do not find merit in this appeal.
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