Accommodation entry in the form of giving bogus donation

IN THE INCOME TAX APPELLATE TRIBUNAL
AHMEDABAD - BENCH ‘A’
BEFORE SHRI RAJPAL YADAV, VICE-PRESIDENT
AND
SHRI WASEEM AHMED, ACCOUNTANT MEMBER

ITA No.01/Ahd/2019

Asstt. Year: 2013-14

Mohanraj Mishrimal Singhi
B-1102, Sundervan Epitome
Opp: Star Bazar
Satellite
Ahmedabad 380 015.
PAN : ACBPS 8906 J

vs

ACIT, Cir.4(2)
AhmedabadACIT, Cir.4(2)
Ahmedabad

ITA No.02/Ahd/2019

Asstt. Year: 2013-14

Sandip Mohanraj Singhi
B-1102, Sundervan Epitome
Opp: Star Bazar
Satellite
Ahmedabad 380 015.
PAN : ACAPS 7055 B

vs

ACIT, Cir.4(2)
Ahmedabad.

Assessee by : Shri P.D. Shah, AR
Revenue by : Shri S.S. Shukla, Sr.DR

Date of Hearing : 13/08/2021

Date of Pronouncement: /08/2021

O R D E R

Only common ground raised by both the assessees is that the ld.CIT(A) has erred in disallowing claim of donation of Rs.87,50,000/- in the case of Mohanraj M. Singhi and Rs.52,50,00/- in the case of Sandip M. Singhi under section 35(1)(ii) of the Income Tax Act, 1961 in respect of donation made to the School of Human Genetics & Population Health, Kolkatta.

2. Facts in brief are that the assessees are legal professionals and having income from profession, short term capital gain, long term capital gain and income from other sources. They filed their respective return of income declaring total income at Rs.5,10,67,710/- and Rs.2,11,69,840/- respectively for the Asstt.Year 2013-14. After processing the return under section 143(1), they are taken selected for scrunity assessment.

3. Before us, at the outset, the ld.counsel for the assessee contended that the issue of donation so made to the institutions based in Kolkata has been settled by the Hon’ble Gujarat High Court in the case of PCIT Vs. Thakkar Govindbhai Ganpatlal HUF in appeal no.881 of 2019 dated 20.1.2020, which was based on the decision of ITAT, Ahmedabad in the case of SG VAT Care Pvt. Ld. Vs. ITO, ITA No.1943/Ahd/2017 dated 15.1.2019.

3. The ld.DR, on the other hand, contended that in the investigation it came to know about bogus affairs conducted by the donee, and it was a typical case of laundering of unaccounted money.

4. In the result, appeals of both the assessees are allowed.
Order pronounced in the Court on 24th August, 2021 at Ahmedabad.

Please find attached the enclosed file for the full judgement