Shri Ram Education and Graminvikas Charitable Trust v. ITO (E) (2023)102 ITR 17 (SN.) (Surat) (Trib)

S. 11 : Property held for charitable purpose-Registration-Corpus Donations-Registration condition precedent for exemption in respect of corpus donations-Cash credits-Genuineness of loan is doubtful-Addition is proper-Business expenditure-Each item of expense considered and disallowance restricted to expenses not verifiable-No Justification for further reducing disallowance. [S.12AA, 68]

Held  that the assessee was not clear whether it received corpus donation. First, the assessee must clarify whether or not it received any such corpus donation, and if so, whether it was exempted under which provisions of law, particularly in the absence of registration under section 12AA, which after amendment in section 12A by the Finance Act, 2007, with effect from June 1, 2007 was a condition precedent for exemption. That though the assessee had proved the identity of the lenders and their capacity by filing the record of agriculturists’ showing sufficient land holding in their names the entire transaction of unsecured loan was received in cash and the assessee had shown alleged unsecured loan on daily basis. Unsecured loans  on more than 50 occasions were shown only to avoid the rigours of section 269SS, and the genuineness of transactions was doubtful. Thus, all three conditions of section 68 were not substantiated simultaneously by the assessee. The order of the Commissioner (Appeals) was proper.That the Commissioner (Appeals), after considering each and every item of expense had granted sufficient relief and reasonably restricted the disallowance to those expenses which were not verifiable. There was no justification for further reducing the disallowance.(AY.2013-14)