SARASWATI DEVI EDUCATIONAL & WELFARE TRUST,DURGAPUR vs. ITO, WARD 2(1), EXEMP, DURGAPUR, DURGAPUR

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ITA 2139/KOL/2026Status: DisposedITAT Kolkata14 September 2026AY 2017-20186 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal condoned the delay in the assessee's appeal and set aside the orders of the lower authorities. The appeal was remitted back to the Assessing Officer for a fresh assessment after hearing the assessee and verifying the documents filed.

What were the facts?

The assessee, a trust, failed to file its return of income for AY 2017-18. The AO initiated proceedings under Section 147 upon receiving information about substantial bank deposits. The assessee eventually filed a return but failed to provide required details during assessment.

What were the issues?

Whether the assessee's appeal should be remitted back to the AO for fresh consideration of evidence, given the failure to provide details during the original assessment and the CIT(A)'s dismissal on delay.

Which sections of the Income-tax Act were involved?

Section 139,Section 147,Section 148,Section 143(2),Section 144B,Section 12AA

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “D” BENCH, KOLKATA

Before: Shri Rajesh Kumar & Shri Pradip Kumar Choubey

IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH, KOLKATA Before Shri Rajesh Kumar, Accountant Member and Shri Pradip Kumar Choubey, Judicial Member ITA No 2139/KOL/2026 Assessment Year- 2017-18 Saraswati Devi Educational & Welfare Trust........................................................Appellant D-14, R.S. Bithi, City Centre, Durgapur, Bardhaman, W.B.- 713216 [PAN No.AARTS5976Q]

Vs. ITO (Exemp), Ward-2(1).................................................……………....……….Respondent Kolkata- 734101, Appearances by: Soumitra Choudhury, Advdocate & Pranabesh Sarkar, Adv., appeared on behalf of the Appellant. Sanat Kumar Raha, CIT(DR), appeared on behalf of the Respondent. Date of concluding the hearing: August 17, 2026 Date of pronouncing the order: September 14 ,2026 ORDER Per Pradip Kumar Choubey, Judicial Member: This appeal filed by the assessee is directed against the order dated 29.04.2026 of the National Faceless Appeal Centre (NFAC) , Delhi passed under Section 144r.w.s142(1) of the Assessment Year 2013-14 of the Income-Tax Act, 1961 (hereinafter referred to as “the Act”).

2.

The brief facts of the case of the assessee is that the assessee being a Trust did not file its return of income u/s 139 of the Act for the A.Y. 2017-18. The A.O. had information in possession that the assessee had deposited an

ITA No.2139/Kol/2026 amount of Rs. 7,67,76,325/- in Indian Bank (erstwhile Allahabad Bank) during the assessment year under consideration. It was also found that out of total deposited amount of Rs.7,67,76,325/- an amount of Rs. 6,28,000/- were deposited in cash. Apart from this the assessee has also earned bank interest of Rs. 11,182/-from Indian Bank (erstwhile Allahabad Bank). Accordingly, proceedings u/s 147 were initiated and notice u/s 148 of the Act was issued on 19.02.2024. In response, the assessee filed its return of income declaring total income of Rs. 11,180/- Statutory notice u/s 143(2) was issued in this case on 29.06.2024. During the course of assessment proceedings various notices were issued but no response was made by the assessee. Accordingly, assessment order was passed u/s 147 read with section 144B of the Act on 18.03.2025 determining the total assessed income at Rs. 8:32,78,795/-

Aggrieved by the said order assessee preferred appeal wherein appeal of the assessee has been dismissed on the issue of delay of 129 days.

Being aggrieved by and dissatisfied the assessee preferred appeal before us.

3.

The Ld. AR in course of argument has submitted that appeal of the assessee be remitted back to the file of the AO as the AO has passed an order when assessee failed to furnish the details of unsecured loans along with

ITA No.2139/Kol/2026 documentary evidences. The Ld. AR placed before us documentary evidences( in paperbook).

Contrary to that Ld. DR did not raise any objection in remitting the appeal of the assessee to the file of the AO.

4.

Upon hearing the submission of the counsel of the respective parties and on perusal of the impugned order we find that at the time of assessment proceeding assessee has been asked to submit the documentary evidences with regard to the high value transaction in the bank account but the assessee has not furnished the detailed rely nor he submit any response to the show cause notice issued to him. The Ld. AO has held in its assessment order. Assessee has not furnished certificate of registration of 12AA of the IT Act nor he furnished the details of the source of total credits in his bank accounts. It is pertinent to mention here that CIT(A) has dismissed the appeal only on the point of the delay. Before us tin support of his claim, which according to us are required to be verified by the Assessing Officers. Since the order passed b ythe CIT(A) on the issue of delay, we condoned the delay and by setting aside the order of lower authorities , the appeal of the assessee directed to be remitted to the file of AO with a direction to pass an order fresh after hearing the assessee and after going over the documents filed by the assessee. Assessing

ITA No.2139/Kol/2026 Officers is directed to consider the documents if filed by the assessee at the time of the remand proceedings.

As a result, the appeal of the assessee is allowed for statistical purpose.

Kolkata, the 14th September, 2026.

Sd/- Sd/- [Rajesh Kumar] [Pradip Kumar Choubey] Accountant Member Judicial Member

DC Dated: 14. 09.2026.

Copy of the order forwarded to: 1. Appellant - 2. Respondent - 3. CIT(A)- 4. CIT- 5. CIT(DR)

//True copy// By order

ITA No.2139/Kol/2026

ITA No.2139/Kol/2026

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