THAHEKHU VILL.B/C FC (NCBC),DIMAPUR vs. WARD 2(3) EXEMPTION GUWAHATI, GUWAHATI

IN THE INCOME TAX APPELLATE TRIBUNAL – GUWAHATI BENCH VIRTUAL BENCH AT KOLKATA Before Shri Sonjoy Sarma, Judicial Member and Shri Rakesh Mishra, Accountant Member ITA Nos. 59 & 60/GTY/2026 Assessment Years: 2018-19 & 2019-20 THAHEKHUV VILL.B/C FC (NCBC).………………….………...Appellant Thahekhu Vill PO & PS Dimapur Nagaland-797112 [PAN: AACTT9207A] vs. ITO, Ward-2(3), Exemption, Guwahati…..………………..……...…..…..Respondent Assam-781005 Appearances by: Shri Kishor Jain, FCA, appeared on behalf of the Appellant. Shri Santosh Kumar Karnani, Addl. CIT, appeared on behalf of the Respondent. Date of concluding the hearing : May 06, 2026 Date of pronouncing the order : May 19, 2026 ORDER Per Sonjoy Sarma, Judicial Member: These two appeals have been filed by the same assessee against the separate orders passed by the NFAC, Delhi [hereinafter referred to as ‘the Ld. CIT(A)’], both dated 18.10.2025, for the assessment years 2018-19 & 2019-20, passed u/s 250 of the Income Tax Act, 1961 [hereinafter referred to as the ‘Act’], arising out of the separate assessment orders framed u/s 147 r.w.s. 144B of the Act dated 24.02.2025 & 21.02.2025. Since common issues are involved in both the appeals, except variation in figures, both the appeals were heard together and are being disposed of by this consolidated order for the sake of convenience.

ITA Nos.59 & 60/GTY/2026 Thahekhu Vill.B/C FC (NCBC) For the purpose of adjudication, we first take up ITA No.59/GTY/2026, and our findings therein shall apply mutatis mutandis to ITA No.60/GTY/2026. 2. Brief facts of the case are that, as per the specific information available with the Income Tax Department, it was noticed that the assessee had deposited cash amounting to Rs.2,39,81,700/- in its bank account with Bank of Baroda during the relevant assessment year. Despite carrying out substantial financial transactions, the assessee failed to file the return of income within the prescribed time u/s 139(4A) of the Act. Accordingly, proceedings u/s 147 of the Act were initiated. During the reassessment proceedings, the assessee failed to furnish a satisfactory explanation regarding the source and nature of the cash deposits. The Assessing Officer observed that the assessee had filed the return of income in response to the notice issued u/s 148 of the Act, declaring total income at Rs.2,40,776/-. The assessee further claimed that an amount of Rs.2,94,74,900/- represented capital receipts in the form of donation, out of which Rs.74,34,200/- was received in cash. However, the Assessing Officer noted that the assessee was not registered u/s 12A of the Act during the relevant period, therefore, the assessee was not entitled to claim exemption u/s 11 & 12 of the Act. The Assessing Officer further observed that, in view of section 12A(1)(b) r.w.s. 139(4A) of the Act, filing the original return within the prescribed time limit is mandatory for claiming exemption u/s 11 & 12 of the Act. Accordingly, the Assessing Officer treated the amount of Rs.2,94,74,900/- as unexplained money u/s 69A of the Act r.w.s. 115BBE of the Act and completed the assessment, determining the total income of the assessee at Rs.2,97,15,676/-.

ITA Nos.59 & 60/GTY/2026 Thahekhu Vill.B/C FC (NCBC) 3. Dissatisfied with the above order, assessee preferred an appeal before the Ld. CIT(A), however, the Ld. CIT(A) sustained the additions and dismissed the appeal. 4. Aggrieved by the above order, the assessee is in appeal before this Tribunal. At the time of hearing, the Ld. AR submitted that the assessee’s trust had subsequently applied for registration u/s 80G of the Act and such registration has since been granted. It was further submitted that exemption u/s 11 & 12 of the Act has been allowed to the assessee in the subsequent year. He also submitted that the registration certificates u/s 12A and 80G were issued on 14.02.2025, while copies of such registration certificates were not furnished before us during the course of hearing. 5. On the other hand, the Ld. DR supported the decision of the authorities below. 6. We have heard the rival submissions and perused the material available on record. We noticed that the assessee claims to have subsequently obtained registration u/s 12A and 80G of the Act. Since the relevant documents and registration certificates have not been properly examined by the lower authorities and copies thereof have also not been produced before us, therefore, the matter requires fresh examination. Therefore, in the interest of justice and fair play, we deem it appropriate to set aside the matter to the file of the Assessing Officer for fresh adjudication. The assessee is directed to furnish all relevant documents, including registration certificates u/s 12A and 80G of the Act along with supporting evidence, before the Assessing Officer. The Assessing Officer shall examine the claim of the assessee in accordance with law and pass an appropriate order, providing adequate opportunity

ITA Nos.59 & 60/GTY/2026 Thahekhu Vill.B/C FC (NCBC) of being heard to the assessee. Accordingly, the appeal of the assessee is allowed for statistical purposes. Since the facts and issues involved in ITA No.60/GTY/2026 are identical to those discussed in ITA No.59/GTY/2026 for the assessment year 2018-19, therefore, the findings and observations recorded in ITA No.59/GTY/2026 shall apply mutatis mutandis to the present appeal as well. Accordingly, this appeal is also allowed for statistical purposes. 7. In the result, ITA Nos.59/GTY/2026 & 60/GTY/2026 are allowed for statistical purposes.

Kolkata, the 19th May, 2026.

Sd/- Sd/- [Rakesh Mishra] [Sonjoy Sarma] Accountant Member Judicial Member Dated: 19.05.2026. DP, PS Copy of the order forwarded to: 1. Appellant - 2. Respondent - 3. CIT(A)- 4. CIT- , 5. CIT(DR),

//True copy// By order Assistant Registrar, Kolkata Benches