JERMELS ACCADEMY,DARJEELING vs. ITO, WARD 2(2), EXEMP,, SILIGURI

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ITA 2750/KOL/2025Status: DisposedITAT Kolkata26 February 2026AY 2017-201818 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal found that the assessment order was made ex-parte and the AO had not correctly appreciated the applicable provisions, and the assessee could not present its case properly. Consequently, the Tribunal set aside the CIT(A)'s order and remanded the matter to the Assessing Officer for a fresh assessment de novo, allowing the assessee an opportunity to justify the source of cash deposits.

What were the facts?

The assessee, Jermel's Academy, a trust running a school, appealed against the orders of the CIT(A) for AY 2017-18. The primary issues involved the addition of ₹50,14,820 as unexplained cash deposits made during the demonetization period, challenging the classification of its income as business income, and contesting penalties under sections 271B and 271AAC(1).

What were the issues?

Whether cash deposits made during demonetization are unexplained, whether the trust's income is charitable or business income, and the validity of penalties levied in the absence of proper assessment.

Which sections of the Income-tax Act were involved?

Section 144,Section 69A,Section 2(15),Section 12A,Section 12AA,Section 12AB,Section 10(23C),Section 139,Section 139(4A),Section 44AB,Section 271B,Section 271AAC(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATΑ ‘Β ΒENCH AT KOLKATA

Before: SHRI SONJOY SARMA & SHRI RAKESH MISHRA

PER BENCH: These appeals filed by the Assessee are against the separate orders of the Commissioner of Income Tax (Appeals)-NFAC, Delhi [hereinafter referred to as Ld. 'CIT(A)'] passed u/s 250 of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') for AY 2017-18 dated 02.09.2025 and 03.09.2025. 2. The Assessee is in appeal before the Tribunal raising the following grounds of appeal: I. ITA No. 2748/KOL/2025:

“1. For that on the facts and in the circumstances of the case, the Ld. CIT(A) ought to have held that the order passed by the Ld. A.O u/s 144 is bad in law and liable to be quashed.

2.

For that on the facts and in the circumstances of the case, that the Ld. CIT(A) has erred in sustaining the addition of ₹50,14,820/- made u/s 69A of the Income Tax Act, 1961 by treating the cash deposits during the period 09.11.2016 to 30.12.2016 as unexplained, without appreciating that the said deposits represented genuine fees collections from students and school building fund contributions.

3.

For that on the facts and in the circumstances of the case, the Ld. CIT(A) has failed to appreciate that the appellant is a charitable trust engaged in education, which is per se a charitable purpose u/s 2(15) of the Income Tах Act, and the receipts were applied towards its educational objects; hence the addition sustained is unjustified.

4.

For that on the facts and in the circumstances of the case, the Ld. CIT(A) has erred in holding that non-availability of registration u/s 12AA/12AB or u/s 10(23C) at the relevant time automatically renders the institution a business concern, without appreciating that the objects and activities were charitable in nature being in the nature of educational activities, and that the trust has since been granted provisional registration u/s 12A(1)(ac).

5.

For that on the facts and in the circumstances of the case, the Ld. CIT(A) ought to have held that the income of the assessee was eligible for exemption u/s 11 in view of the proviso to Sec. 12A(2) of the Act.

6.

For that on the facts and circumstances of the case, the Ld. CIT(A) has erred in upholding the finding of the Assessing Officer that filing of return of income u/s 139 was mandatory for AY 2017-18, ignoring the fact that the appellant had deficit of income and there was no taxable income, and further overlooking that section 12A(1)(ba) making return filing a condition was inserted only from AY 2018-19. 7. For that on the facts and in the circumstances of the case, the Ld. CIT(A) has erred in sustaining the assessment without addressing the specific documentary evidences submitted.

8.

That the appellant craves leave to add, alter or delete all or any of the grounds of appeal.” II. ITA No. 2749/KOL/2025:

“1. For that the Ld. CIT(A) ought to have held that the order passed u/s 271B is bad in law and is liable to be quashed.

2.

For that on the facts and in the circumstances of the case, the Ld. CIT (Appeals) erred in law and in facts in confirming the penalty of 1,50,000/- levied under section 271B of the Income Tax Act, 1961. 3. For that on the facts and in the circumstances of the case, has erred in confirming the penalty of ₹1,50,000/- levied u/s 271B of the Act, without appreciating that the appellant is a charitable trust running an educational institution and not engaged in any business activity so as to attract the provisions of section 44AB.

4.

That the appellant craves leave to add, alter or delete all or any of the grounds of appeal.” III. ITA No. 2750/KOL/2025:

“1. (a) For that the Ld. CIT(A) ought to have held that the penalty order passed u/s 271AAC(1) dated 03.03.2025 is bad in law and is liable to be quashed. (b) For that the Ld. CIT(A) ought to have quashed the said penalty order on the ground that the same was barred by the law of limitation.

2.

For that on the facts and in the circumstances of the case, the Ld. CIT(A) has erred in upholding the penalty levied u/s 271AAC(1) of the Act amounting to ₹3,87,394/-, without properly appreciating the facts, explanations and evidences furnished by the appellant.

3.

That the appellant craves leave to add, alter or delete all or any of the grounds of appeal.”

3.

We shall first take up ITΑ No. 2748/KOL/2025 for adjudication.

Brief facts of the case are that the assessee is a Trust registered at the office of the Sub Registrar, Siliguri. It had been formed with the objective of education and it was running a school "Jermel's Academy" in accordance with the objects of its formation. The assessee had not obtained the registration u/s 12AA or u/s 10(23C)(vi) of the Act. The Income & Expenditure Account for the FY 2016-17 showed total fees collections of ₹4,18,61,525/- and an excess of expenditure over income of ₹361. 36. The assessee had not filed its return for the AY 2017-18 since its income was claimed to be below the maximum limit not chargeable to tax. The assessee had made the cash deposits of ₹50,14,820/- in its bank accounts during the period from 09.11.2016 to 30.12.2016. The case was selected for scrutiny assessment and the total income of the assessee for the AY 2017-18 was assessed u/s 144 of the Act. During the course of the assessment proceedings, the source of the cash deposits was explained by the assessee as fees collections were from the students. However, the cash deposited by the assessee in the bank accounts during the demonetization period amounting to *50,14,820/- was treated as unexplained money and the addition was made by invoking section 69A of the Act. The Assessing Officer (hereinafter referred to as Ld. 'AO') concluded that since the assessee had not filed the return of income, it had failed to comply with the provisions of the Act. He was also of the view that an institution which had not obtained exemption certificate under rule 2CA of the Income Tax Rules, 1962, was also not eligible to get the benefit of the exemption u/s 10(23C)(iiiad) or (vi) of the Act as it had not got registered under section 12A/12AA and had neither filed ITR nor had it furnished the audit report in the prescribed Form No. 10B electronically; hence the activities of the assessee were to be treated as business activities instead of that of a non-profit making institution and the assessee was also to be assessed as an association of persons. The Ld. AO further stated that the assessee was carrying on the business activity and it was liable to get its accounts audited under the provisions of section 44AB of the Act as the gross receipts from the business exceeded ₹1 Crore. Aggrieved with the assessment order, the assessee filed an appeal before the Ld. CIT(A) who, vide order dated 02.09.2025 dismissed the appeal of the assessee by holding as under:

“7. 1. In Ground of Appeal No. 1, 8 and 9 [As per Para 3 above] 7.1. 1. Please refer to Para No. 3 above for grounds. Since these grounds of appeal are general in nature, they do not require any separate adjudication. Hence, Grounds No. 1,8 and 9 are Dismissed.

7.

2 Additional Ground of Appeal- Ground A [As per para no 3.1 above] 7.2.1 Please refer to para 3.1 for the additional ground of appeal. During the course of appellate proceedings, the appellant has filed a petition for admission of the following additional ground of appeal -A. that on the facts and circumstances of the case, the income of appellant is eligible for exemption under section 11, in view of the proviso to section 12A(2) of the Income Tax Act, 1961.

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