CENTRE OF STUDIES IN SOCIAL SCIENCES,PUNE vs. INCOME TAX OFFICER (EXEMPTION), WARD-(1), PUNE, PUNE

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ITA 451/PUN/2023Status: DisposedITAT Pune05 July 2023AY 2012-134 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the deposits represented renewed fixed deposits and not fresh unexplained money. The addition made under Section 68 was incorrect, and the requirement of Form 10B was not relevant for this specific addition.

What were the facts?

The assessee, a charitable trust, did not file a return of income. The Assessing Officer made an addition of Rs. 8,26,756/- as unexplained money on deposits. The NFAC confirmed this addition, citing non-filing of Form 10B.

What were the issues?

Whether the fixed deposits made by a charitable trust are unexplained money, and if the addition under Section 68 is justified without considering the nature of the deposits.

Which sections of the Income-tax Act were involved?

Section 68,Section 148

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PUNE BENCH “SMC”, PUNE

Before: SHRI INTURI RAMA RAO

For Appellant: Shri Kishor Phadke
For Respondent: Shri Rajesh Gawali
Hearing: 20.06.2023Pronounced: 05.07.2023

ORDER

PER INTURI RAMA RAO, AM:

1.

This is an appeal filed by the assessee directed against the order of the National Faceless Appeal Centre, Delhi [‘NFAC’] dated 03.03.2023 for the assessment year 2012-13.

2.

Briefly, the facts of the case are that the appellant is a Public Charitable Trust engaged in undertaking researches in Social Sciences. The appellant trust was duly registered u/s 12AA of the Income Tax Act, 1961 (‘the Act’). No regular Return of Income was filed for the assessment year under consideration. However, on receipt of information that the assessee trust made a deposit of Rs.8,26,756/- with Saraswat Co-operative Bank Ltd., Pune and also received interest on such deposit of Rs.1,41,186/-, issued a notice u/s 148 on 29.03.2019. In response to the said notice, the appellant trust had filed the return of income disclosing Rs.Nil income. Against the said return of income, the assessment was completed by the Income Tax Officer (Exemptions) Ward-1, Pune (‘the Assessing Officer’) vide order dated 13.11.2019 bringing the deposits of Rs.8,26,756/- as unexplained money u/s 69A of the Act. 3. Being aggrieved by the above assessment order, an appeal was filed before the NFAC, who vide impugned order confirmed the action of the Assessing Officer by holding that no Form No.10B had been filed before the Assessing Authority. 4. Being aggrieved, the appellant is in appeal before this Tribunal in the present appeal.

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