DHARAM FOUNDATION EDUCATIONAL TRUST,FATEHGARH SAHIB vs. INCOME TAX OFFICER,, SIRHIND

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ITA 566/CHANDI/2024Status: DisposedITAT Chandigarh17 December 2024AY 2017-18Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member), SHRI. PARESH M. JOSHI (Judicial Member)3 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal set aside the order of the CIT(A) and remanded the matter back for fresh adjudication. The assessee was granted one more opportunity to present necessary explanations and supporting documentation for the cash deposits.

What were the facts?

The assessee trust had unexplained cash deposits of Rs. 4,37,14,809/-. The Assessing Officer (AO) brought this amount to tax under Section 68 r.w.s 115BBE as the assessee failed to provide sufficient details or proof for the source of these deposits. The Commissioner (Appeals) confirmed the AO's order due to the assessee's non-compliance.

What were the issues?

Whether the assessee provided sufficient explanation and proof for the source of cash deposits, and whether the CIT(A) erred in confirming the AO's order without granting adequate opportunity.

Which sections of the Income-tax Act were involved?

Section 68,Section 115BBE,Section 147,Section 144B

AI-generated summary — verify with the full judgment below

आयकर अपीलीय अिधकरण,च"ीगढ़ "ायपीठ “ए” , च"ीगढ़ IN THE INCOME TAX APPELLATE TRIBUNAL, CHANDIGARH BENCH “A”, CHANDIGARH HEARING THROUGH: HYBRID MODE "ी िव"म िसंह यादव, लेखा सद" एवं "ी परेश म. जोशी, "ाियक सद" BEFORE: SHRI. VIKRAM SINGH YADAV, AM &SHRI. PARESH M. JOSHI, JM आयकर अपील सं./ िनधा"रण वष" Assessment Year : 2017-18 Dharam Foundation Educational Trust बनाम The ITO Sirhind, Sirhind S.O. Ward, Sirhind Shirhind(R),Fatehgarh Sahib- Punjab – 140406 "ायी लेखा सं./PAN NO: AAATD5373M अपीलाथ"/Appellant ""थ"/Respondent िनधा"रती की ओर से /Assessee by : None राज" की ओर से / Revenue by : Shri Rohit Sharma, CIT DR सुनवाई की तारीख /Date of Hearing : 09/12/2024 सुनवाई की तारीख /Date of Pronouncement : 17/12/2024 आदेश/Order PER VIKRAM SINGH YADAV, A.M. :

This is an appeal filed by the Assessee against the order of the Ld. CIT(A) / NFAC dt. 12/03/2024 pertaining to Assessment Year 2017-18.

2.

Briefly the facts of the case are that the assessment in this case was completed under section 147 r.w.s 144B of the Act vide order dt. 28/03/2022. As per AO, the assessee trust is formed for providing education to the general public and is created for imparting quality education to the common man. Under the ambit of the trust, three institutes are run from the same premises at Sirhind District Fategarh Sahib Punjab namely Lincoln College of Law, Lincoln College of Education, Greenfield Public School.

3.

The AO further noted that in response to the various notices and the show cause notice issued to the assessee to explain the source of cash deposits during the year amounting to Rs. 4,37,14,809/-, the assessee has simply submitted bank statements and three years comparative chart regarding deposit of cash in bank account and stated that source of cash deposit is fees/other charges, however, the same is not sufficient to explain the source of cash deposit during the year. The assessee has neither provided any details nor any proof to substantiate its claim of such cash deposit. No relevant cash book or other documents are submitted and therefore in absence of supporting documents explaining the source of cash deposits, the amount of Rs. 4,37,14,809/- was brought to tax as unexplained cash credit under section 68 r.w.s 115BBE of the Act.

4.

Being aggrieved, the assessee carried the matter in appeal before the Ld. CIT(A). During the appellate proceedings, various notices were issued on the registered email id of the assessee however there was no compliance on the part of the assessee and thereafter, the Ld.CIT(A) passed the impugned order confirming the findings of the AO stating that the assessee has not filed any proof/ evidence in support of grounds of appeal

inspite of various notices being issued to the assessee on the email id available in the ITBA Portal of the Income Tax Department and it was presumed that the assessee is no longer interested in pursuing the appeal and the order of the AO was confirmed holding that the AO has passed a reasoned and speaking order considering all the facts and circumstances of the case.

5. Against the said order, the assessee is in appeal before us. However none has appeared on behalf of the assessee nor any adjournment application was filed.

6. Given that an ex-parte order has been passed by the Ld. CIT(A), it was decided that no useful purpose would be served in adjourning the matter any further and after hearing the Ld. CIT/DR who has not raised any specific objection where the matter is set aside to the file of the Ld. CIT(A) and keeping in view the principle of substantial justice, we believe that the assessee deserve

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