Reliable Educational Alliance Society v. CIT(E) (2023) 202 ITD 137/ 104 ITR 448 (Trib)(Delhi)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Corpus donation-Assessment completed after due verification / examination by AO of corpus donation including bank statements, balance sheet and confirmation of donation from donor which was also registered u/s. 12AA-Revision order was quashed.[S.12AA]

Assessee is a society registered u/s. 12AA of the Act. Corpus donation of Rs. 1 Crore was received by society from one donor. Assessee has mentioned details of corpus donation of Rs. 1 Crore in computation of income. Even in the balance sheet forming part of tax audit report reflects corpus donation. Corpus of Rs. 1 Crore was duly reflected in bank statement of donor. The donor itself was a charitable trust / society registered u/s. 12AA and therefore, there can be no doubt regarding the genuineness of the donor. Thus, allegation of CIT is contrary to the material available on record. Even otherwise, if the corpus donation is assumed to be general donation, then also the assessee society has utilized more than 85% of the income. Thus, no tax liability will arise on the assessee society and as such, the revision proceedings would be tax neutral. Thus, on overall analysis, it was held that AO had passed order after conducting required inquiry and applying his mind with due diligence, such assessment order cannot be considered to be erroneous and prejudicial to the interest of Revenue. Accordingly, Order u/s. 263 of the was quashed and Order of AO was restored. (AY. 2015-16)