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Director of Income Tax (Exemption) Versus Lala Bhagwan Dass Educational Trust

2015 (7) TMI 686 - DELHI HIGH COURT

Denial of the benefit of Section 11 - ITAT found no justification in denying the benefit of Section 11 to the Assessee - Held that:- It was, incumbent on the Appellant, in terms of the order passed by this Court on 22nd September 2014, to enclose with its affidavit copies of the relevant documents and in particular the confirmation letters/responses filed by 13 of the donors before the AO in the remand proceedings confirming that they had made donations to the Assessee.

The affidavit .....

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that purpose. Considering that since 22nd September 2014 there have been three adjournments granted to the Appellant to comply with the order, the Court is not prepared to grant any further indulgence.The Appellant has been unable to persuade the Court that impugned order of the ITAT suffers from perversity. - Decided against assessee. - ITA No. 541/2014 - Dated:- 1-7-2015 - S. Muralidhar And I. S. Mehta,JJ. For the Appellant : Mr Kamal Sawhney, Sr Standing counsel with Mr Shikhar and Mr Naman .....

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rder dated 29th December 2010, the Assessing Officer (AO) added back to the income of the Assessee a sum of ₹ 1,31,13,000 being the sum received as corpus donation on the ground that the Assessee was unable to satisfy the AO about the identity, genuineness and creditworthiness of the donors. Thus the benefit of Section 11 of the Act was denied to the Assessee for the AY in question. The order of the AO was affirmed by the Commissioner of Income Tax (Appeals) by order dated 18th February 20 .....

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he AO had not placed the correct facts before the CIT (A). Further, the ITAT itself examined the documents placed on record which contained the details of the addresses, telephone numbers and PAN numbers of the donors. The ITAT also noted that in the assessments made for the subsequent AYs 2005-06, 2007-08 and 2010-11, the Assessee had not been denied the benefit of Section 11 of the Act. The assessment for AY 2010-11 had in fact been made on 27th March 2012 i.e. subsequent to the AO's order .....

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