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"Anonymous donation" and judgment in case of Gurudev Siddha Peeth, Shrish Thakkar – a discussion.

Anonymous donation and judgment in case of Gurudev Siddha Peeth, Shrish Thakkar – a discussion. - Income Tax - Direct Tax Code - DTC - By: - CA DEV KUMAR KOTHARI - Dated:- 4-8-2015 - References and links: 2015 (7) TMI 989 - ITAT MUMBAI Gurudev Siddha Peeth, Shrish Thakkar Versus ITO, Ward-1 (1) , Kalyan Section 10 (23C) clauses (iiiad), (iv),(v), (vi), (via) regarding various institutions. S. 2 (24) sub-clause (iia) Section 115BBC - regarding anonymous donations to be taxed in certain cases. Sec .....

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in other cases and even in case of the assesse before the Tribunal because the Tribunal has allowed relief subject to taxability under any other provision. In this regard, with due respect author disagree with the Tribunal for the reasons as discussed in the articles. Offerings and collection in drop boxes- general discussion by author: In the case of a religious places, worship places, etc. visitors, devotees, make offerings and drop cash or things in collection box. Many send goods just for u .....

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want that their name be registered as a donor before the deity for whom them make the prayer in the belief that the deity is the ultimate giver of all the worth and virtues of their life. The ground reality may be that majority of donor do not have taxable income, they do not claim a deduction for donation and also because they do not maintain books of account and make contribution out of personal expenses account. Majority of such donors do not want an enquiry from income-tax department about .....

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s to pundit ji who comes with an idol or photo of some god . Many salary earners and other person who have paid tax on income or whose income is not taxable, make such contributions. Therefore, it cannot be said that contributions received in such circumstances and from such persons are from black money. Cheque donations: It is also worth to mention that donors who make substantial amount as contribution, make such contribution by cheques / DD or cash and provide details, obtain receipts and the .....

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or services provided or assurance given for any consideration discharged or to be discharged etc. The sum is received without any consideration, therefore it cannot contain any element of income. The sums so received are also in nature of capital receipts in nature of showing respect and regards and are gift which are capital receipts as known in general concept of income vis a vis capital in commercial and accounting world and common man also. Though our government has tendency to attach artifi .....

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urts, such artificial meanings may not hold legality and within authority to legislate by extended meanings. Author has made some general observations in above paragraph. Some of concepts discussed by author were also discussed before ITAT. Some aspects as discussed by author may be useful in other cases. Case before ITAT - Gurudev Siddha Peeth (supra.) In the case offerings were included in income by the AO and the same was confirmed by CIT(A). On appeal , ITAT decided in favour of the assessee .....

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that their name be registered as a donor before the deity for whom them make the prayer in the belief that the deity is the ultimate giver of all the worth and virtues of their life. Now reverting to the definition of anonymous donations under sub section (3) of section 115BBC, we find that it has been mentioned that anonymous donations means voluntary contributions where the person receiving such contributions does not maintain a record of the identity indicating the name and address of the per .....

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