Jesus Calls. v. DCIT (2025) 213 ITD 681 (Chennai) (Trib.)

S. 56: Income from other sources-Gift of management system to managing trustee-Personal gifts received by trustee has to be considered in individual hands of the donee in her assessment and not in the hands of the trust. [S. 56(2)(x)(a), 132, 153A]

During a search conducted under section 132 upon assessee-trust, a ‘gift management system’ was seized wherein personal gifts received by the managing trustee from various persons during various programs conducted by the trust were recorded. Assessing Officer made an addition of Rs. 16.39 lakhs, being the aggregate of personal gifts received by the managing trustee as per the ‘gift management system’. On appeal, CIT(A)  deleted the addition made by the Assessing Officer, except Rs. 19,900 being gifts received by the managing trustee which were not offered to tax. On appeal, the Tribunal held that since the name of the donee was specifically mentioned in the ‘gift management system’, personal gifts received were to be considered in the individual hands of the donee in her assessment and not in the hands of the trust. Since the entire cash gifts received by the donee were less than Rs.50,000, the same were not taxable in her hands. (AY. 2019-20 to 2021-22)

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