TMI Blog2013 (5) TMI 883X X X X Extracts X X X X X X X X Extracts X X X X ..... ound that it is the wholly charitable trust without appreciating the provisions of law and facts of the case. 2. On the facts and in the circumstances of the case, and in law, the Ld. CIT(Appeals) erred in directing the Assessing Officer to exclude the anonymous donations of ₹ 79,83,170/- from the application of the provisions of Sec. 115BBC of the I T. Act,1961 on the ground that provisions of sections 115BBC are inapplicable for merger donations of ₹ 10/- to ₹ 150/-, without appreciating the provisions of law and facts of the case. 3. The Appellant prays that the order of the Commissioner of Income-Tax (Appeals)-1 Mumbai be set aside and that of the Assessing Officer be restored 4. The Appellant craves leave to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Act, 2006 w.e.f. 01- 04-2007, that the AO had misunderstood the intention of the law, while applying the provisions of Section 115BBC of the Act, that the said provision had not been brought on statute with the intention to check donations of meager amount of ₹ 10/- to ₹ 150/-, that the AO was not justified in invoking the provision of Section 115BBC of the Act, for taxing anonymous donations, which itself was not permitted as per Section 115BBC(2) of the Act, that appellant trust hold the registration u/s. 12A of the Act in continuation and that the amount of ₹ 84,36,407/- had been utilised by appellant trust for the cause of appellant trust only, that entire receipt was utilised by appellant trust for the purpose of ob ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the ITAT, Mumbai vide its order dt. 25-07-2012 (supra). ITAT has decided the issue as under: 10. We are in agreement with the CIT(A) that the purport and purpose for bringing in section 115BBC is to curb the influx of unaccounted money by way of anonymous donations towards educational trusts and other religious trusts and certainly not to curb any and all - of donations / offerings either in temples, muths and religious trusts, where the collections are collected in donation boxes and that too ranging from as low as ₹ 10/- to ₹ 150/-. 11. From the order of the CIT (A), we find that the assessee is running veterinary hospital for treatment of wounded and sick animals and birds. If we strictly accept the submissions of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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