DY. COMMISSIONER OF INCOME TAX (EXEMPTIONS), CIRCLE, PUNE, SWARGATE, PUNE vs. SHREE CHANAKYA EDUCATION SOCIETY, AUNDH, PUNE

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ITA 2170/PUN/2024Status: DisposedITAT Pune11 August 2025AY 2014-15Bench: SHRI R. K. PANDA (Vice President), MS ASTHA CHANDRA (Judicial Member)1 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the statement of the accommodation entry provider indicated he only started providing such bills from January 2018, which was after the purchases in question. Furthermore, the assessee's substantial excess application of income negated the need for bogus transactions. Consequently, the addition and the penalty were deleted.

What were the facts?

The Revenue alleged that the assessee, a charitable trust, made bogus purchases of Rs. 1,84,99,795/- from a shell entity. The Assessing Officer made an addition under Section 68, treating these purchases as unexplained credit. The assessee contended that its application of income far exceeded its receipts, making bogus purchases unnecessary.

What were the issues?

Whether the purchases made by the assessee were genuine, and if not, whether the addition and subsequent penalty were justified based on the evidence.

Which sections of the Income-tax Act were involved?

Section 68,Section 271(1)(c),Section 147,Section 11,Section 12A,Section 148,Section 142(1),Section 143(1),Section 132(4),Section 115BBE

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Income Tax Appellate Tribunal, PUNE BENCH “A”, PUNE

Before: SHRI R. K. PANDA & MS ASTHA CHANDRA

For Appellant: Shri Neelesh Khandelwal &
For Respondent: Shri Ramnath P Murkunde

आदेश की प्रतितिति अग्रेतिि/Copy of the Order is forwarded to: 1. अपीलार्थी / The Appellant; 2. प्रत्यर्थी / The Respondent 3. The concerned Pr.CIT, Pune 4. DR, ITAT, ‘A’ Bench, Pune गार्ड फाईल / Guard file. 5. आदेशानुसार/ BY ORDER, // True Copy //

Senior Private Secretary आयकर अपीलीय अधिकरण ,पुणे / ITAT, Pune

S.No. Details Date Initials Designation 1 Draft dictated on 04.08.2025 Sr. PS/PS 2 Draft placed before author 07.08.2025 Sr. PS/PS Draft proposed & placed before the 3 JM/AM Second Member Draft discussed/approved by Second 4 AM/AM Member 5 Approved Draft comes to the Sr. PS/PS Sr. PS/PS 6 Kept for pronouncement on Sr. PS/PS 7 Date of uploading of Order Sr. PS/PS 8 File sent to Bench Clerk Sr. PS/PS Date on which the file goes to the Head 9 Clerk 10 Date on which file goes to the A.R. 11 Date of Dispatch of order

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