Meenakshi Ammal Trust v. ACIT (2020) 186 DTR 257 / 78 ITR 138 / 203 TTJ 785 (Chennai)(Trib.)

S. 271(1)(c) : Penalty–Concealment-Charitable Trust–Donation-Details of the persons from whom the donations were received could not be furnished–Levy of penalty is held to be not valid. [S. 11]

Allowing the appeal of the assessee the Tribunal held that, the assessee has disclosed the entire receipt of donations. However the AO found that it is not a voluntary donation but anonymous donation. The fact that the assessee has disclosed the entire donation and claimed exemption U/s.11 of the Act is not in dispute. When the assessee has disclosed the entire receipt and the expenditure and claimed the same as exempted U/s.11 of the Act, merely because the assessee could not furnish the details of the persons from whom the donations was received, cannot be a reason for concluding that the assessee concealed any part of income or furnished inaccurate particulars. Making a statutory claim U/s.11 of the Act cannot be construed as furnishing inaccurate particulars. Accordingly the penalty levied is deleted.  (AY. 2011-12 to 2014-15)