TMI Blog2015 (11) TMI 1861X X X X Extracts X X X X X X X X Extracts X X X X ..... AI] which is rendered on different facts wherein the Bench concluded that matter needs to be examined with reference to the scheme of the Act as regards corpus donation, but does not allow corpus donation exempted to unregistered trust. Since the assessee-trust is not registered u/s 12AA, corpus donations are taxed at normal rates. - Appeal of assessee dismissed. - I.T.A.Nos. 43 & 44/Mds/2015 - - - Dated:- 13-11-2015 - SHRI N.R.S. GANESAN, JUDICIAL MEMBER For the Appellant : Shri S. Sridhar, Advocate For the Respondent : Dr. B. Nischal, JCIT ORDER These appeals of the assessee are against separate orders of the Commissioner of Income-tax (Appeals), Salem, dated 28.10.2014 pertaining to assessment years 2008-09 and 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ctness of books of account and also the expenditure incurred. Though the Assessing Officer verified and satisfied with the clarifications, he brought to tax corpus donations of ₹ 5,49,049/- and ₹ 2,73,479/- for assessment years 2008-09 and 2009- 10, respectively, as the trust was not registered u/s 12AA of the Act. 3. Aggrieved by the orders of the Assessing Officer, the assessee filed appeals before the CIT(A) raising various grounds. In support of voluntary contributions with specific direction, the assessee relied on case laws and provisions of the Act. In the hearing proceedings before the CIT(A), the ld. Counsel has brought on record the case laws, where the contributions made with specific direction shall form part of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oftware Employees Welfare Foundation vs ACIT in I.T.A.No.1007/Mds/2007, dated 08.07.2008. 5. On the other hand, the ld. DR relied on the orders of the lower authorities for both the assessment years under consideration. He submitted that the assessee-trust is not registered u/s 12AA of the Act and its activities are also not examined by the lower authorities. 2. The Tribunal considered the submission of both the counsels where the corpus donations are given with specific direction exempted from income-tax. Since the benefit of sec. 11 will not be available to the trust as it is not registered u/s 12AA of the Act. The ld. Counsel relied upon the order of this Tribunal in I.T.A.No. 1007/Mds/2007 in case of Pentafour Software Employees W ..... X X X X Extracts X X X X X X X X Extracts X X X X
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