INCOME TAX OFFICER (EXEMPTION), BERHAMPUR vs. SHREE SHREE SHREE MAHAPURUSH ACHYUTANANDA TRUST, BALAKATI

It was submitted by the ld. DR that the return filed by the assessee came to be processed u/s.143(1) of the Act on 29.08.2014 and the assessment u/s.143(3) of the Act was framed on 18.12.2018, wherein the AO had made addition representing the difference between the cost of construction in respect of Databya Chikisalaya and Jatri Nivas and had applied the provisions of Section 115BBE of the Act. It was the submission that the ld. CIT(A) had deleted the addition by relying upon Income Tax Inspector submitted in the course of assessment proceedings. It was the submission that the order of the ld. CIT(A) is liable to be reversed.

In reply, ld. AR submitted that the property did not belong to the trust nor the trust has made any investment during the financial year ending 31.03.2013. It was the submission that the ld. CIT(A) has specifically brought out in para 5.2.3, wherein the Income Tax Inspector has categorically mentioned that the land in respect of Databya Chikisalaya and the post office belonged to the State Government and the building does not belong to the trust. In respect of Jatri Nivas also it has categorically been mentioned that building does not belong to the trust. The Income Tax Inspector has also specifically mentioned as to whom the property belonged to. It was the submission that the order of the ld. CIT(A) is liable to be confirmed.

We have considered the rival submissions. A perusal of the order of the ld.CIT(A) clearly shows that the fact of buildings and property does not belong to the assessee-trust, was very much before the AO in the course of assessment proceedings. Further, the ld. CIT(A) has given a categorically finding that the AO has not brought any evidence on record to show that the properties and the investments on these properties during the year under consideration belonged to the assessee and the investment was made out of the unaccounted funds of the assessee-trust. As these findings of the ld. CIT(A) which are clearly factual findings having not been disturbed by the revenue with any supporting evidence, the