The Hon’ble Tribunal observed that on an analysis of section 11(1)(d) in conjunction with section 2(24)(iia), it becomes overt that corpus donations are also otherwise part of income but qualify for exemption by virtue of the operation of clause (d) section 11(1). Further section 115BBC provides that income by way of anonymous donation will be included in the total income and will be taxable as per the provisions of the said section if the person receiving such donation does not maintain a record of the identity indicating the name and address of the person making such donation. Therefore, when section 115BBC is read in juxtaposition to section 2(24)(iia), it becomes ostensible that anonymous donation included within its ambit all types of voluntary contributions whether corpus or non-corpus. Thus, corpus donations are not immune from the rigor of section 115BBC. The requisite conditions of maintaining record of the identity indicating the name and address of a person making contribution as prescribed under section 115BBC also need to be satisfied in respect of corpus donation failing which even the corpus donation is taxable under section 115BBC.

In present facts of the case, the assessee maintained a separate register for corpus donations and also furnished a list of corpus donations to the Assessing Officer and the said list had columns such as Sl. No., name of the donor, receipt No., amount and address. The Hon’ble Tribunal discovered that the Assessing Officer made addition even in respect of those donors to whom he had not issued any notice even though the assessee had given their addresses. This approach is not proper. If the Assessing Officer chose to issue notice under section 133(6) and summons under section 131 in respect of few of them then he cannot draw an adverse inference in respect of others to whom he did not issue any notice. Genuineness of such other donors having made corpus donations has to be accepted.

Accordingly, the Hon’ble Tribunal held that going with the prescription of section 115BBC r.w.s. 11(1)(d), only such corpus donations fall for consideration under section 115BBC for which the assessee did not maintain and furnish address of the donors to the Assessing Officer through the list. Consequently, the impugned assessment order was set aside. The matter was remitted back to the Assessing Officer for examining the list of corpus donors already provided by the assessee and the Assessing Officer was directed to make addition under section 115BBC only in respect of such donations received from donors whose addresses are not given and rest are eligible for exemption under section 11(1)(d). (AY. 2017-18)