TMI Blog2010 (5) TMI 172X X X X Extracts X X X X X X X X Extracts X X X X ..... the donations by disclosing their Permanent Account Numbers and balance sheets etc. then doubts entertained by the Assessing Officer with regard to donations are rendered merely conjectures. If there was any suspicion then the Assessing Officer could have opened the assessment of the donors and not that of the assessee-respondent. - The version of the Assessing Officer that it was assessee’s own money which was routed through various donors has been found to be conjectural. - 94 of 2010 - - - Dated:- 19-5-2010 - CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Ms. Urvashi Dhugga, Advocate, for the appellant. M.M. KUMAR, J. This is an appeal filed by the revenue under Section 260A of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ficer on account of income from undisclosed sources u/s 68 of the Income Tax Act, 1961 especially when the assessee had failed to discharge the onus cast upon it to prove the genuineness of the donors?" 2. All the aforementioned three questions were raised before the Tribunal. In so far as question No. 2 relating to deletion of Rs. 5,55,751/- is concerned, the Tribunal has taken the view that the opinion of the CIT(A) was based on sound principle because the difference between the two valuations is less than 10%. The Tribunal followed the earlier decisions of various other Benches including the decision of the Chandigarh Bench in the cases of Amir Chand v. ACIT, 124 Taxman 162 (Chd); and ACIT v. Shivalic Loha Mills Pvt. Ltd., 123 Taxman 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appropriate to mention that the additional evidence was adduced showing the amount donated by the donors and their confirmation. The donors had disclosed their Permanent Account Numbers, copies of the Income-tax Returns and Balance Sheets. The donations were made by way of Account Payee Cheques. It was in the aforesaid background that the additional evidence of impeccable character was permitted to be adduced. The version of the Assessing Officer that it was assessee's own money which was routed through various donors has been found to be conjectural. As a consequence of the additional evidence, the resultant additions of Rs. 15,00,000/- were deleted. 5. Having heard learned counsel for the revenue on the aforesaid question Nos. 1 and 2, ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
