TMI Blog2016 (9) TMI 1668X X X X Extracts X X X X X X X X Extracts X X X X ..... d in the Income Tax Act, 1961 w.e.f. 01.04.2007 and assessment year in question is 2005 -06. Addition U/s. 69 on account of unexplained investment in property - addition was made on the basis of cogent documentary evidences found during the course of survey proceedings - ITAT deleted addition - As could not be disputed that same are covered by Supreme Court's judgment in Sargam Cinema[ 2009 (1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tted on following substantial questions of law: 1. Whether the ITAT erred in law in interpreting the definition of anonymous donation as provided U/s. 115(BBC) r/w Section 68 inspite of the fact that assessee had only mentioned corpus donations without substantiating it with evidences/proof which clearly falls within the ambit of the definition where a person receiving contribution does not mainta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... roceedings? 4. Whether the ITAT erred in law in deleting the corpus donation of Rs. 1,60,31,679/ made by the Assessing Officer U/s. 68 on account of unexplained corpus donation and without appreciating the facts and material brought on record by the Assessing Officer that the assessee was not able to provide written or oral confirmation of the alleged donors? 5. Whether the ITAT erred in law in de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Vs. C.I.T.(A) (2010) 328 ITR 513 (SC) were squarely different and are not applicable in the present case. 8. Whether the ITAT erred in law in deleting the addition of Rs.74,78,348/ made by the Assessing Officer U/s. 69 on account of unexplained capitation fee of Rs.8,35,000/ without appreciating the fact that the addition was made on the basis of cogent documentary evidences found during the cours ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessee and against Revenue. 7. Coming to Questions No. 7 and 8, it also could not be disputed that same are covered by Supreme Court's judgment in Sargam Cinema Vs. Commissioner of Income Tax, 2010(328) ITR 513, wherein similar question has been answered in favour of Assessee. Hence, Questions No. 7 and 8 also answered against Revenue and in favour of Assessee. 8. In view thereof, appeal lack ..... X X X X Extracts X X X X X X X X Extracts X X X X
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