Income Tax Officer (Exemption), Kanpur vs. M/s Abhinav Shikshan Evam Jan Kalyan Sewa Samiti

Parties Involved

Facts Summary

The assessee, M/s Abhinav Shikshan Evam Jan Kalyan Sewa Samiti, filed an income tax return for the assessment year 2008-09, claiming exemption under sections 11 & 12 of the Income Tax Act, 1961. The Assessing Officer conducted a scrutiny and found discrepancies in the balance sheet filed along with the return and the one found during a survey. The Assessing Officer added back unexplained investments and unrecorded receipts amounting to Rs. 4,02,12,899/- and a donation of Rs. 66,000/-. The Commissioner of Income Tax (Appeals) deleted these additions, leading to the Revenue's appeal to the ITAT.…

Legal Issues

• 1. Deletion of addition of Rs. 4,02,12,899/- made by the Assessing Officer under Section 69A of the Income-tax Act, 1961.
• 2. Deletion of addition of Rs. 66,000/- under section 68 of the Income Tax Act, 1961.

Judgment Outcome

Decided in favour of Partly Assessee / Partly Revenue.

Precedents Relied Upon

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