2023 (8) TMI 337

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..... of expiry of the period of limitation, the Commissioner interfered with the assessment under section 263 in Income Tax Act, 1961. His client preferred appeal to the Tribunal but by impugned order dated 15th June, 2022, the Tribunal upheld the revision order. He draws attention to definition of 'anonymous donation', given in section 2(24)(iia) and submits, sub-section (3) in section 115-BBC requires the assessee to maintain record of identity indicating name and address of the donors and such other particulars as may be prescribed. There has not been any further prescription. He demonstrates from reply dated 27th March, 2021 given by his client, as had enclosed therewith detailed list of donors along with complete addresses and amount of do .....

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..... f donation and genuineness of donation etc., is the assessment erroneous on it being prejudicial to the interest of revenue, requiring interference in revision under section 263? 5. We have not been shown that there has been further prescription regarding recipients of donation to maintain record of further particulars in addition to identity, name and address of the person making the contribution, as provided under sub-section (3) of section 115-BBC. Section 2(24)(iia) gives definition of anonymous donation. Appellant (assessee) must first be shown to have received anonymous donation. 6. We have perused the assessment order and found the AO said, inter alia, as reproduced below. "During the course of assessment proceedings the assessee .....

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..... ot find a dispute regarding disclosure of identity of donors, their addresses and the amount of donations they had made to the assessee. This fact is sufficient for compliance of requirement under section 115-BBC(3), in claiming exemption of the donations from being chargeable to income tax. 7. Facts found by the Commissioner and the Tribunal clearly show that the assessee had furnished record of the identities indicating name and address of persons making the contributions. Revenue has not been able to demonstrate further requirement by prescribed particulars, as mentioned under sub-section (3) in section 115-BBC. As such, we answer the question in the negative and in favour of appellant (assessee). 8. The appeal is allowed. The orders o .....

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