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This appeal is filed by the assessee against order dated 03.03.2015 passed by the Ld. CIT (Appeals), Muzaffarnagar for assessment year 2010-11.

2. The brief facts of the case are that the assessee is a society which was granted registration u/s. 12AA of the Income Tax Act, 1961 (hereinafter called the Act) vide order dated 17.04.2009 with effect from 01.05.2008. The assessee society also enjoys (Shanti Niketan Trust) recognition u/s 80G of the Act. As per the Memorandum, the assessee society has been established to run colleges with an object to enhance the standard of education. The return of income for the year under consideration was filed declaring nil income. Subsequently, the case was selected for compulsory scrutiny. During the course of assessment proceedings, the assessee was required to furnish information regarding donations received along with names, addresses, bank accounts and copy of confirmations from the donors. The assessee submitted details of the donors/ donations. However, as some details as desired by the Assessing Officer (AO) were not filed, the AO proceeded to issue notices u/s 133(6) of the Act to the various donors to confirm the donations. However, most of the notices were returned un-served. Thereafter, the assessee was asked to produce the donors but the assessee did not produce the donors. Accordingly, the AO concluded that the donations were neither genuine nor voluntary. The AO proceeded to hold the donations as being fictitious and unexplained cash credits and proceeded to add an amount of Rs. 99,50,000/- to the income of the assessee u/s 68 of the Act in view the deeming provisions of Section 115 BBC of the Act. In addition, the AO also made in addition of Rs. 45,44,814/- being depreciation said to be claimed by the assessee. The assessee's appeal before the Ld. CIT (Shanti Niketan Trust) (Appeals) was also dismissed. Now, the assessee is before the ITAT and has challenged the action of the lower authorities in treating the impugned donations as anonymous donation u/s 115BBC of the Act. The assessee is also challenging the action of the lower authorities in adding back the depreciation of Rs. 45,44,814/- to the income of the assessee.