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2022 (5) TMI 101 - AT - Income TaxExemption u/s 11 - allegation of accommodation entry in the garb of corpus donation - cancellation of registration - addition u/s 68 being corpus donation received from M/s Herbicure Bio- Herbal Research Foundation - HELD THAT:- As decided in SANSKRITI SAGAR VERSUS CIT (EXEMPTION) KOLKATA [2017 (9) TMI 1943 - ITAT KOLKATA] when donation have been shown as income and applied the receipts for objects of the Assessee-Trust, no addition could be made against the assessee. The facts in the present case are similar to the case of Fateh Chand Charitable Trust [2016 (4) TMI 1119 - ITAT LUCKNOW]. Considering the above discussion in the light of material on record, it is clear that assessee has been carrying out scientific research activities as per its objects. The donation received by the assessee have been used for the scientific research purpose only. There is no legal admissible evidence on record against the assessee that assessee received any donation from any company as alleged in the report of the Investigation Wing. No evidence of any unaccounted cash transactions conducted by the assessee were found. There is no evidence on record to show that assessee received or paid any commission for indulging in any unaccounted money. Therefore, cancellation of registration in the matter is merely on presumption only. - Decided in favour of assessee.
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