Income Tax

CBDT busts bogus donation racket u/s 35(1)(ii) by Rural Development Society, Hyderabad

CBDT busts bogus donation racket u/s 35(1)(ii) by Rural Development Society, Hyderabad by issuing forged certificates of more than Rs. 40 crores

F. No. 225/26/2019-ITA (II)

Government of India
Mini
stry of Finance
Departm
ent of Revenue
Central Board of Direct Taxes
****

Room No. 245A, North Block
New Delhi, the 25th February, 2019

 

To
All Principal Chief Commissioners of Income Tax
All
Director Generals of Income Tax (Investigation)

Sir/Madam

Subject: Information regarding bogus donation racket under section 35(1)(ii) of Income-tax Act, 1961Rural Development Society , Hyderabad (PAN:AAAAR4658N) reg.

Kindly refer to the subject mentioned above.

2. In this connection, I am directed to state that Section 35(1)(ii) of the Income-tax Act, 1961 (‘Act’) prescribe s a weighted deduction @ 150% (175% before (01.04.2018) to a donor for any sum paid to an approved ‘research association’ having as its sole object the undertaking of scientific research or to a ‘university, college or other institution’ for carrying out scientific research.

3. Recently, it has been brought to the notice of the Board that one entity namely M/s Rural Development Society, Hyderabad (‘Society’) had raised substantial donations on the basis of forged certificates and it has been further verified from the Directorate of Systems that donors had claimed weighted deduction u/s.35(1)(ii) of the The amount of donations raised during the two Assessment Years is as below:

S. No. AY  Amount of donation (Rs.) Amount of likely bogus benefit claimed by the donars (Rs.)
1 2016-17 37,13,45000 64,98,53,750
2 2017-18 4,70,32,000 8,23,06,000

4. This entity, being not zed for purpose of section 35(1)(ii) of the Act by the Central Government, is not eligible to raise any donation for undertaking scientific research and consequentially, the donors are also not eligible to claim any benefit of weighted deduction under section 35(l)(ii) of the Act. During a recent survey action conducted on 07.02.2019 by the jurisdictional income tax authorities, the president of the Society had admitted that they had raised donations on the basis of a bogus certificate and the amount was passed on after retaining commission of 5 %.

5. In view of such a blatant misuse of a beneficial provision of the Act , I am directed to share the list of donors of Y 2016-17 & A.Y 2017-18 as provided by the said Society and to request you to initiate appropriate remedial action in respect of donors to safeguard the interest of the revenue. Further, I am also directed to state abcaus.in that if any incriminating information is found regarding tax evasion in respect of other A.Ys during the assessment/re-assessment proceedings , the same may be shared with concerned A.Os by the Jurisdictional Income Tax Authorities.

6. I am further directed to state that while handling investigations/enquiries in these cases, the concerned Assessing Officer should examine the specific transactions related to the sum donated and cash trail should be clearly identified as far as Also, various provisions pertaining to enquiry and investigation under the Act should be effectively used and assessment orders should be passed under the monitoring of supervisory authorities.

7. This issues with approval of Member (IT&C),

Enclosure: Donors List  of A.Y 2016-1 7 & A.Y 2017-18

Yours faithfully,

(Rajrajeswari R.)
Under Secretary, (ITA.II)

Copy to:

  1. CIT (Investigation),CBDT
  2. CCIT (Exemption), Delhi
  3. CIT(Exemption),Hyderabad with a request to take necessary action as mentioned in para.no .5 above.
  1. CIT (Data Base Cell) for placing on irsofficers website

Also Read:
Bogus donation racket by Shri Arvindo Institute of Applied Scientific Research Trust Click Here >>

----------- Similar Posts: -----------
Share

Recent Posts

  • Income Tax

Commonality of directors of companies does not mean deposits received was bogus

Merely because directors of two companies were common not mean that deposits received was bogus and companies were shell companies…

16 hours ago
  • ITAT

Application though named as rectification but if tax is not legitimate, it also touches merit: HC

Application though named as rectification but if tax imposed is not legitimate then it also touches upon the merit –…

21 hours ago
  • Income Tax

Cost of acquisition as on 01.04.1981 taken as per valuer report by reverse indexing of FMV

Cost of acquisition as on 01.04.1981 taken as per valuer report by reverse indexing of current FMV to be further…

22 hours ago
  • Income Tax

AO was directed to serve notice of hearing through physical mode upon assessee 

ITAT directed AO to serve notice of hearing both through electronic and physical mode upon the assessee  In a recent…

23 hours ago
  • ICAI

ICAI Intermediate & Foundation Examinations to be held thrice in a year from May/June 2024

ICAI Intermediate & Foundation Examinations to be held thrice in a year from May/June 2024 ICAI, has decided that from…

1 day ago
  • Income Tax

Further extension of due date for filing of Form No. 10A/10AB to 30.06.2024 – CBDT Circular

Extension of due date for filing of Form No. 10A/10AB under Income-tax Act, 1961 to 30.06.2024 CBDT has further extended…

2 days ago