TMI Blog2021 (10) TMI 1101X X X X Extracts X X X X X X X X Extracts X X X X ..... s are not coming within the ambit of definition of income as defined under section 2(24)(ii). It being a capital receipts, there is no necessity of routing through income and expenditure account, as claimed by the AO - some donations have been received for the special project undertaken by the trust and, therefore, same cannot be treated as revenue receipt. It is not the case that the assessee trust has not disclosed the donation and have not accounted for. The amount received clearly demonstrates for the purpose of various project development and building construction. In view of above, I am of the considered view that the amount received by the assessee trust for specific direction to use the same for different project undertaken by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unwarranted and uncalled for. 3. On the facts and in circumstances of the case, the ld. CIT(A) has erred in passing order without adjudicating the legal ground raised by assessee judiciously. Therefore, order passed in unjustified, unwarranted and uncalled for. 4. On the facts and in the circumstances of the case, the ld. CIT(A) has erred in sustaining the order of the AO where in the AO has erred in considering the specific fund as general fund and treating it as revenue receipt while passing the order. The addition made by the AO and confirmed by ld. CIT(A) is unjustified, unwarranted and uncalled for. 3. Briefly stated the facts are that the assessee is a trust, filed its return of income on 28.9.2014, claiming exemption ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essee submitted that first of all the disallowances of special fund by the ld. AO while considering the application under section 154 was beyond his scope. It was his submission that the appellant had submitted the rectification petition claiming for allowing of expenditure incurred by it while considering the receipts. Ld. AO exceeded his jurisdiction in proceeding with examination of special fund. In addition to this submission, ld. A.R. submitted that the receipts of special fund being capital in nature, need required to be routed through income and expenditure account. Further, he also submitted that the said receipts are not coming under the definition of income as defined under the Act. He submitted that since trust is registered unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the donations partly for specific purpose and others not for the specific purpose. I find that both the AO and ld. CIT(A) has reproduced the details of donations received by the assessee trust, which are as under: SI No Name of donor Amountof grant/ donation Purpose of donation 01 ZMOe, Germany 16,88,787/- Renovation/ construction of SCS Baoding School and widow Asharam, Kotapada 02 Compassion East India 7,56,617/- Project support for Month of March,2014 03 ZMOe, Germany 22,50,000/- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... June,2013 13 ZMOe, Germany 15,25,332/- ACS donation retreat centre 14 Church'sAuxiliary Social Action for 40,350/- Project social action for life transformation 15 ZMOe, Germany 5,53,004/- ACS School/ boarding water Heater, renovation/ construction etc. 16 ZMOe, Germany 5,98,541/- Matching grant pension 17 ZMOe, Germany 8,25,000/- Education program 18 Comp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... L.W.F Geneva 5,06,060/- New life project 30 L.W.F Geneva 3,35,064/- AgricultureDevelopment project 31 L.W.F Geneva 1,63,190/- Newlifeprojectand agricultureDevelopment project 32 L.W.F Geneva 6,66,465/- New life project 7. From the narration given in the list of donations, it is observed that the amount of donation has been given for the specific purpose. The Assessing Officer has bifurcated three donations as specific purpose and left out other donations not being specific purpose without givi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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