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The assessee has disclosed the entire receipt of donations. However the Assessing Officer found that it is not a voluntary donation but anonymous donation. The fact that the assessee has disclosed the entire donation and claimed exemption U/s.11 of the Act is not in dispute. When the assessee has disclosed the entire receipt and the expenditure and claimed the same as exempted U/s.11 of the Act, merely because the assessee could not furnish the details of the persons from whom the donations was received, cannot be a reason for concluding that the assessee concealed any part of income or furnished inaccurate particulars. Making a statutory claim U/s.11 of the Act cannot be construed as furnishing inaccurate particulars.

Shanti Prime Publication Pvt. Ltd.

Sec. 271(1)(c) of Income Tax Act, 1961—Penalty—Merely because the assessee could not explain the receipt of money to the satisfaction of the Assessing Officer, it does not mean that the assessee furnished any inaccurate particulars or concealed any part of the income. The assessee has disclosed the entire receipt of donations, however the Assessing Officer found that it is not a voluntary donation but anonymous donation and the fact that the assessee has disclosed the entire donation and claimed exemption u/s.11 is not in dispute and when the assessee has disclosed the entire receipt and the expenditure and claimed the same as exempted u/s.11, merely because the assessee could not furnish the details of the persons from whom the donations was received, cannot be a reason for concluding that the assessee concealed any part of income or furnished inaccurate particulars — Making a statutory claim u/s.11 cannot be construed as furnishing inaccurate particulars — Meenakshi Ammal Trust vs. Asstt. CIT [2020] 203 TTJ 785 (CHENNAI)

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