AKAMALA SRI DHARMASASTHA KSHETHRA TRUST,AKAMALA vs. ITO, WARD-2, TRICHUR
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Income Tax Appellate Tribunal, COCHIN BENCH, COCHIN
Before: Shri Waseem Ahmed & Shri Soundararajan K
IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN Before Shri Waseem Ahmed, Accountant Member & Shri Soundararajan K, Judicial Member ITA No.390/Coch/2024 :Asst.Year 2013-2014 ITA No.391/Coch/2024 :Asst.Year 2014-2015 M/s.Akamala Sri Dharmasastha The Income Tax Officer Kshethra Trust, Akamala PO Ward 2 (1) v. Thrissur. Kumaranellur via Wadakkanchery Trissur – 680590. PAN :AADTA3080B. (Appellant) (Respondent) Appellant by : Sri.K.Kittu, Advocate Respondent by :Smt.Girly Albert, Sr.DR Date of Pronouncement : 30.09.2024 Date of Hearing : 26.09.2024 O R D E R Per Bench : These two appeals filed by the assessee challenging the orders of the NFAC/CIT(A), both dated 08.03.2024 in respect of the assessment years 2013-2014 and 2014-2015, respectively.
Since identical issue is involved in both these appeals, they were heard together and are being disposed of by this consolidated order.
Brief facts of the case are that the assessee is a temple trust managing the affairs of Akamala Sri Dharmasastha Kshethram, Wadakkancherry. The source of the income by
2 ITA No.390-391/Coch/2024. Akamala Sri Dharmasastha Kshethra Trust. the assessee is the offering of the devotees and interest received from the bank deposits. The offerings by the devotees are mainly in cash and the said cash deposited into the bank account of the assessee. The AO treated the cash deposited in the bank as unexplained money u/s.68A of the Act. As against the said order, the assessee filed an appeal before the ld.CIT(A) and the CIT(A) also dismissed the appeal ex parte without granting an adjournment. The assessee challenged the ex parte order before the Tribunal with the following grounds:
“1. The appellate order dated 08.03.2024 for the assessment year 2013-14 against the assessment order passed u/s 144 r w s 144B on 29.03.2022 determining the Total Income at Rs.1,44,03,070/- as against the returned income of Rs. 57,140/- is opposed to law, facts and circumstances of the case. 2. The learned National Faceless Appeal Centre ought to have found that the appellant Trust is purely a public charitable Trust engaged in charitable activities. 3. The learned NFAC has not been able to pin point a single instance where the appellant Trust has spent any amount for any purpose other than charitable ones. 4. Both the learned Assessing Officer as well as the NFAC has failed to appreciate the fact that the fund has been accumulated to construct Building for the use of the devotees. 5. The entire fund has come from Bhandaram and other donations from devotees. 6. Accordingly there is no concealment of Income or any attempts to conceal any part of the Income as alleged by the NFAC. 7. Without canvassing any positive evidence to the contrary, NFAC cannot take another view that such income is assessable u/s 69A of the Income Tax Act, 1961.
3 ITA No.390-391/Coch/2024. Akamala Sri Dharmasastha Kshethra Trust. For these and such other grounds that may be urged at the time of hearing the entire addition may be deleted.”
At the time of hearing, the ld.AR filed a paper book comprising of the written submissions, certificate issued by the Chartered Accountant and the ledger folio relating to the period May 2012 and the statement of Dhanalaxmi Bank Ltd. In which the assessee is having the account. Based on the said documents, the ld.AR explained that the money is not an unexplained money as alleged by the AO and it is all from the offerings given by the devotees, which were also properly recorded in the books of accounts and the books were also properly audited and therefore prayed to allow the appeal.
The ld.DR relied on the orders of the authorities below and prayed to dismiss the appeal.
We have heard the parties and perused the order of the ld.CIT(A), in which he has given two notices on 17.01.2023 and 20.02.2024 and for the second notice the assessee sent a reply on 26.02.2024 seeking for an adjournment for a month, but the ld.CIT(A) without granting time sought for by the assessee have decided the appeal ex parte. Further, it is an admitted fact that the monies received through hundi would be only by way of cash and therefore, the assessee is having some force in his arguments. Further, the documents now filed before us were not produced before the lower authorities, and therefore, they might not have an opportunity to deal with the said documents. In such circumstances, we are inclined to
4 ITA No.390-391/Coch/2024. Akamala Sri Dharmasastha Kshethra Trust. set aside the order of the ld.CIT(A) and remit the issue to the file of the ld.CIT(A) to decide the matter afresh after considering the necessary documents to be filed by the filed including the documents now filed before us and thereafter pass a fresh order in accordance with law after hearing the assessee in fresh appeals.
In the result, the appeals filed by the assessee are allowed for statistical purposes.
Order pronounced on this 30th day of September, 2024. Sd/- Sd/- (Waseem Ahmed) (Soundararajan K) ACCOUNTANT MEMBER JUDICIAL MEMBER Cochin ; Dated : 30th September, 2024. Devadas G* Copy to :S 1. The Appellant. 2. The Respondent. 3. The CIT Concerned. 4. The DR, ITAT, Cochin. 5. Guard File. Asst.Registrar/ITAT, Cochin
