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Facts
The assessee, Prabhodhankarthakare Vidyalaya, is a school operated by Swami Vivekananda Society. During the year, a cash deposit of Rs. 57,00,695/- was found in the school's bank account, which was inadvertently opened with a separate PAN from the society's existing PAN. This amount was added as unexplained.
Held
The Tribunal held that the assessment was framed ex-parte and the assessee did not have a proper opportunity to explain the errors. The Tribunal restored the issue to the Assessing Officer (AO) for fresh adjudication after allowing the assessee to demonstrate that the cash deposit was already accounted for in the society's books.
Key Issues
Whether the addition of cash deposit as unexplained was justified when the assessee claimed it was already offered under the society's PAN and the assessment was ex-parte due to procedural errors.
Sections Cited
144B, 147, 148A, 144, 69, 234, 201AAC, 272A(1)(d)
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Income Tax Appellate Tribunal, “C” BENCH, MUMBAI
Before: SHRI NARENDRA KUMAR BILLAIYA, HON’BLE & SHRI SANDEEP SINGH KARHAIL, HON’BLE
Assessee by : Shri Bhupendra Shah, A/R Revenue by : Mr. Virabhadra S. Mahajan, Sr. D/R सुनवाई की तारीख/Date of Hearing : 11/08/2025 घोषणा की तारीख /Date of Pronouncement: 11/08/2025 आदेश/O R D E R
PER NARENDRA KUMAR BILLAIYA, AM:
This appeal by the assessee is preferred against the order dated 19/06/2025 by NFAC, Delhi [hereinafter the ‘ld. CIT(A)’] pertaining to AY 2018-19.
The grievance of the assessee reads as under:- “1. In the facts and circumstances of the case and in law, the learned CIT[A] NFAC erred in confirming the said addition ex parte by overlooking the fact this is a case inoperative PAN wrongly allotted twice and the said cash is a part of operative PAN 2. In the facts and circumstances of the case and in law, the learned Assessing Officer erred passing ex-parte order us 144B r.w.s. 147/148A r.w.s 144 a. merely on the basis of borrowed satisfaction, b. relying upon information from Insight Portal c. No asset is found above Rs 50 lac d. By overlooking the fact that this cash deposit of fees is already offered under the PAN: AAMTS4710M of Swami Vivekanand Society which is incorporating all income and expenditure of Prabhodhankarthakare Vidyalaya under the appeal.
2 3. In the facts and circumstances of the case and in law, the learned A.©. erred in adding Rs. 57.00,695/- us 69 in respect of cash deposited in bank account maintained with TJSB thereby wrongly treating the same as unexplained investments in absence of documentary evidences and without appreciating the fact that a. Although the appellant is not liable to maintain books of accounts and therefore provisions of section 69 does not apply and b. By overlooking the fact that this cash deposit of fees is already offered under the PAN AAMTS4710M of Swami Vivekanand Society which is incorporating all income and expenditure of Prabhodhamkanhakare Vidyalaya under the appeal 4. In the facts and circumstances of the case and in law, the learned A.O. erred in levying interest us 234 & initiating penalty us 201AAC and 272A(1)(d).”