The Commissioner of Income-tax (Exemptions) v. Adesh Foundation (Regd.)
[Citation -2020-LL-0120-92]
Citation | 2020-LL-0120-92 |
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Appellant Name | The Commissioner of Income-tax (Exemptions) |
Respondent Name | Adesh Foundation (Regd.) |
Court | HIGH COURT OF PUNJAB & HARYANA |
Relevant Act | Income-tax |
Date of Order | 20/01/2020 |
Judgment | View Judgment |
Keyword Tags | satisfaction • donation • genuineness of activities |
Bot Summary: | Whether on the facts and circumstances of the case the Hon'ble ITAT is right in not adjudicating the issues, which were specifically raised in its order, by the CIT like no evidence of donation at the time of filing of application for ANURADHA 2020.01.23 09:38 I attest to the accuracy and integrity of this document ITA-417-2019 -2- registration u/s 12AA, no cogent rationale for donation despite having huge cash balances, generation of huge surpluses in the past and non-furnishing of bank statements, which are essential elements to verify the genuineness of the activity of the applicant iii. Whether on the facts and circumstances of the case the Hon'ble ITAT is right in holding that the CIT's observation based on surmise, and apprehend for future misuse of funds whereas the CIT has drawed conclusion from the balance sheet of the applicant in which the society is having huge cash balances in the form of FDR which could otherwise be utilized for expansion of education iv. Whether on the facts and circumstance of the case, the order of the Appellate Tribunal is contrary to the evidence and material on the record of the case and therefore, perverse At the very outset learned counsel very fairly states that the facts of the case are covered by the decision of this Court passed in ITA No. 119 of 2018 dated 10.1.2019 titled as The Commissioner of Income Tax, Chandigarh vs. M/s Adesh Foundation. The present appeal stands dismissed in term of the decision of ITA No. 119 of 2018. Since the main case has been decided, the pending application, if any, also stands disposed of. JUDGE JUDGE 20.1.2020 anuradha Whether speaking/reasoned - Yes/No Whether reportable - Yes/No ANURADHA 2020.01.23 09:38 I attest to the accuracy and integrity of this document. |