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B BENCH : BANGALORE
BEFORE SHRI N.K. SAINI, ACCOUNTANT MEMBER
AND SMT. P. MADHAVI DEVI, JUDICIAL MEMBER
Appellant by
Respondent by
RESPONDENT
:
:
Date of hearing
Date of Pronouncement
:
:
31.10.2011
31.10.2011
ORDER
Common grounds have been raised in both these appeals and the
4.
1.
2.
The order of the CIT(A) that the trust has collected the
amount in the guise of donation and not utilizing the same
for charitable activity is erroneous.
3.
4.
5.
6.
The facts of the case in brief are that the assessee filed the return of
income on 1.1.2004 declaring total income at Nil on the ground that the
amount was deemed to have been applied for charitable purposes u/s. 11
of the Income-tax Act, 1961 [hereinafter referred to as the Act in short].
The said return was processed u/s. 143(1) of the Act on 17.3.2005,
5.
Before me the A.R. of the trust and the trustees submitted
that the books of a/c are under the police custody. I am in
agreement with the A.O. as he has rightly brought the income to
tax. In view of this, the addition made by the A.O. amounting to
Rs.53,91,560/- is hereby confirmed.
6.
Krishnamurthy, appearing for the trust submitted that the books of accounts
could not be produced before the Assessing Officer since those were in the
police custody. It was further stated that the ld. CIT(A) had passed a nonspeaking order, while confirming the addition made by the AO.
Since the facts are similar in both the years, therefore, our findings
given while adjudicating the appeal in ITA No.1458/Bang/2010 for the A.Y.
2004-05 (supra) shall apply mutatis mutandis to the appeal in ITA
No.1459/Bang/2010 for the A.Y. 2005-06.
11.
In the result, both the appeals are allowed for statistical purposes.
Pronounced in the open court on this 31st day of October, 2011.
Sd/-
Judicial Member
Sd/-
( N.K. SAINI )
Accountant Member
Bangalore,
Dated, the 31st October, 2011.
Ds/Copy to:
1.
Appellant 2. Respondent 3. CIT
4. CIT(A)
5.
DR, ITAT, Bangalore. 6. Guard file (1+1)
By order
Assistant Registrar
ITAT, Bangalore.