INCOME TAX OFFICER (EXEMPTION), KANPUR vs. M/S ABHINAV SHIKSHAN EVAM JAN KALYAN SEWA SAMITI, KANPUR

ITA 526/LKW/2017Status: DisposedITAT Lucknow21 September 2026AY 2008-0912 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the Revenue failed to provide corroborative evidence for the additions. The difference in balance sheets was considered a projected balance sheet for loan purposes, not indicative of unexplained income. The donation was already accounted for in the income and expenditure account.

What were the facts?

During a survey, the Assessing Officer (AO) found a balance sheet totaling Rs. 2,71,92,564, significantly higher than the Rs. 40,95,355 balance sheet filed with the return. The AO added the difference of Rs. 4,02,12,899 as unexplained investment and unrecorded receipts. Additionally, a donation of Rs. 66,000 was added back under Section 68.

What were the issues?

Whether the difference between a projected balance sheet found during a survey and the balance sheet filed with the return constitutes unexplained investment and unrecorded receipts. Whether a donation already accounted for in the income and expenditure account can be added back again.

Which sections of the Income-tax Act were involved?

Section 69A,Section 68,Section 133A,Section 12A,Section 11,Section 12

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, LUCKNOW ‘B’ BENCH, LUCKNOW

Hearing: 02.07.2026Pronounced: 21.09.2026

PER NIKHIL CHOUDHARY, A.M.: This is an appeal filed by the Revenue against the order of the ld. CIT(A)-II, Kanpur dated 24.05.2017, wherein the ld. CIT(A) has partly allowed the appeals of the assessee against the order of the ld. Assessing Officer passed under section 143(3) of the Income Tax Act, 1961 for the assessment year 2008-09 on 30.12.2010. The grounds of appeal are as under:- “1. The Learned Commissioner of Income Tax (Appeals)-II, Kanpur has erred in law and on the facts of the case in deleting the addition of Rs. 4,02,12,899/- made by the Assessing Officer under Section 69A of the Income-tax Act, 1961, on account of the difference between the Balance Sheet filed along with the ret

The order continues below.

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