Jermel's Accademy Vs. I.T.O., Ward -1(4), Siliguri

Parties Involved

Facts Summary

The assessee, Jermel's Accademy, is a Trust running a co-educational school affiliated to the Central Board of Secondary Education (CBSE). The department initiated reopening of assessment for AY 2014-15, 2015-16, and 2017-18 based on information about cash deposits made by the assessee. The assessee claimed exemption under section 11(1)(A) of the Income Tax Act, 1961, but failed to provide necessary documentary evidence and returns. The Assessing Officer (AO) disallowed the exemption and the assessee appealed to the Commissioner of Income Tax (Appeals) (CIT(A)), who dismissed the appeal for non-compliance and lack of evidence. The assessee then appealed to the Income Tax Appellate Tribunal (ITAT). The ITAT noted that the CIT(A) did not pass a reasoned order as required by section 250(6) of the Act.…

Legal Issues

• 1. Whether the CIT(A) was justified in passing an ex-parte order for AY 2014-15, 2015-16, and 2017-18.
• 2. Whether the assessee is eligible for exemption under section 11(1) of the Act.
• 3. Whether the addition of Rs. 50,14,820/- as unexplained money under section 69A of the Act for AY 2017-18 is justified.

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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