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2021 (8) TMI 1082 - AT - Income TaxDeduction u/s 80GGA - Allegation of Bogus Donation - the name of the Trust appears at Serial No. 14 in the notification dated 11.08.2011 and the the Trust is eligible for accepting donation u/s 35AC - HELD THAT:- The assessee in support of donation made, has filed copy of Bank Statement and receipt issued by the Trust acknowledging the receipt of donation made by the assessee. The assessment for AY 2014-15 was re-opened in the case of assessee to disallow the benefit of deduction claimed by the assessee under section 80GGA of the Act in respect of donation made to Navjeevan Charitable Trust. A perusal of the assessment order reveals that the AO has merely raised a suspicion that the possibility of Navjeevan Charitable Trust accepting donation and returning the amount back to the donors after charging some commission cannot be rulled out. No positive evidence is brought on record by the Revenue to substantiate that the donation money had infact travelled back to the assessee in the form of cash. The disallowance has been made merely on suspicion. See JADSTONE TRADING PVT. LTD. VERSUS ITO 10 (2) (1) MUMBAI. [2019 (6) TMI 1574 - ITAT MUMBAI] - Decided in favour of assessee.
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