PEOPLES FORUM Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) Appellant (assessee) seeks to prefer this appeal against order dtd. 15/6/2022 in ITA no.44/CTK/2021 for assessment year 2016-17, made by the Income Tax Appellate Tribunal (ITAT), Cuttack Bench.

(2.) Mr. Parida, learned advocate appears on behalf of appellant(assessee). He submits, without minimum inquiry and on the eve of expiry of the period of limitation, the Commissioner interfered with the assessment under Sec. 263 in Income Tax Act, 1961. His client preferred appeal to the Tribunal but by impugned order dtd. 15/6/2022, the Tribunal upheld the revision order. He draws attention to definition of 'anonymous donation', given in Sec. 2(24)(iia) and submits, sub-sec. (3) in Sec. 115-BBC requires the assessee to maintain record of identity indicating name and address of the donors and such other particulars as may be prescribed. There has not been any further prescription. He demonstrates from reply dtd. 27/3/2021 given by his client, as had enclosed therewith detailed list of donors along with complete addresses and amount of donations. In the circumstances, it cannot be said the Assessing Officer (AO) did not verify, leading to finding of erroneous assessment requiring revision.

(3.) Mr. Chimanka, learned advocate, Senior Standing Counsel appears on behalf of respondent (revenue) and draws attention to revision order dtd. 30/3/2021, paragraph 9. He relies upon a passage therein, reproduced below.