GURU KRISHNANAND CHARITABLE,COIMBATORE vs. DCIT, CENTRAL CIRCLE-1 CBE, COIMBATORE

ITA 128/CHNY/2024Status: DisposedITAT Chennai04 December 2024AY 2012-13Bench: SHRI MANOJ KUMAR AGGARWAL (Accountant Member), SHRI MANU KUMAR GIRI (Judicial Member)1 pages
AI SummaryAllowed

What did the Tribunal hold?

The CIT(A) partially allowed the appeal regarding the transfer of funds and unexplained investment, but upheld the addition for unexplained cash credits. The assessee then appealed to the Tribunal. The Tribunal noted that the AO passed an ex-parte order without a proper opportunity for the assessee to be heard and therefore set aside the order.

What were the facts?

The assessee, Guru Krishnanand Charitable Trust, did not file an income tax return for AY 2011-12. Following a search and inquiries, the Assessing Officer (AO) made additions for unexplained cash credits, transfer of funds from trust to personal accounts, and unexplained investment, assessing the total income at Rs. 1,28,48,725. The assessee appealed to the CIT(A).

What were the issues?

Whether the ex-parte assessment order passed by the AO was valid without providing adequate opportunity of hearing to the assessee, and if the additions made were justified.

Which sections of the Income-tax Act were involved?

Section 144,Section 147,Section 148,Section 142(1),Section 271F,Section 13(1)(c)(ii),Section 13(3)(cc),Section 11,Section 12A,Section 132

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘C’ BENCH, CHENNAI

Before: HON’BLE SHRI MANOJ KUMAR AGGARWAL & HON’BLE SHRI MANU KUMAR GIRI

For Respondent: Ms. R. Anita, IRS, Addl. CIT
Hearing: 02.12.2024Pronounced: 04.12.2024

PER MANU KUMAR GIRI (Judicial Member)

These appeals by the assessee are arising out of the separate orders of even date 20.12.2023 of the Commissioner of Income Tax (Appeals), Chennai -20 for assessment years 2011-12, 2012-13 and 2013-2014. The assessments were framed by the Deputy Commissioner of Income Tax, Central Circle 1, Coimbatore

The order continues below.

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