DCIT (EX) - 1(1), MUMBAI vs. THE LOHAR CHAWL DAWOODI BOHRA MERCHANTS ASSOCIATION, MUMBAI

ITA 3635/MUM/2018Status: DisposedITAT Mumbai19 January 2022AY 2012-1323 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the CIT(A) was justified in admitting additional evidence and that the additions under Sections 69A and 69B were incorrect as the bank account transactions were explained. The Tribunal also upheld the CIT(A)'s decision to allow exemption under Section 11, finding no violations of Sections 13(1)(b) and 13(1)(c).

What were the facts?

The assessee, a trust, had undisclosed bank accounts where contributions were received and self-help loans were given to members. The Assessing Officer denied exemption under Section 11, alleging violations of the Bombay Public Trust Act and the Income Tax Act, and made additions under Sections 69A and 69B.

What were the issues?

Whether the CIT(A) erred in admitting additional evidence and deleting additions made under Sections 69A and 69B. Whether the assessee was rightly denied exemption under Section 11 due to alleged violations of the Bombay Public Trust Act and the Income Tax Act.

Which sections of the Income-tax Act were involved?

Section 11,Section 13(1)(b),Section 13(1)(c),Section 69A,Section 69B,Section 145

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Cases cited in this judgment(3)Show list

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Income Tax Appellate Tribunal, “A” BENCH, MUMBAI

Before: MS SUCHITRA KAMBLE & SHRI PRASHANT MAHARISHI

For Appellant: Shri Deepak Tralshawala
For Respondent: Ms. Surabhi Sharma, CIT DR, Shri Deepak Tralshawala
Hearing: 16.12.2021Pronounced: 19.01.2022

PER PRASHANT MAHARISHI, AM:

01 This appeal is filed by The Joint Commissioner Of Income Tax (Exemption) – 1(1), Mumbai (The Learned Assessing Officer/ AO ) against the order passed by The Commissioner Of Income Tax The Lohar Chawl Dawoodi; AY 12-13 (Appeals) – 5, Mumbai [ The ld CIT (A) ] dated 26/2/2018 for assessment year 2012 – 13 raising following grounds of appeal:-

“1. Whether, on the facts and in the circumstances of the case and in law, the Ld. CIT(A) was justified in admitting additional evidences without giving the reasons for 46A of the I. T. Rules, 1962 despite the fact that

The order continues below.

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