Kennedy Educational Society v. Asst. CIT

Parties Involved

Facts Summary

The assessee, Kennedy Educational Society, deposited a substantial sum of Rs. 11,82,11,148/- in its bank account. The Assessing Officer noticed that the assessee had not filed its Income Return for the Assessment Year 2017-18. Despite notices under sections 142(1) and 133(6) of the Income Tax Act, 1961, the assessee did not file the return or provide any documentation. Consequently, the Assessing Officer completed the assessment under section 144 of the Act. The assessee appealed to the Commissioner of Income Tax (Appeals), which was dismissed. The assessee then appealed to the Income Tax Appellate Tribunal, raising issues about the correctness of the assessment and the failure to provide an opportunity to be heard.…

Legal Issues

• 1. Whether the order of the learned CIT(Appeals) is erroneous both on facts and in law.
• 2. Whether the learned CIT(Appeals) erred in deciding the appeal without providing proper opportunity to the appellant and without considering the submissions made during the appeal proceedings.
• 3. Whether the learned CIT(Appeals) erred in confirming the determination of the total income at Rs. 5,40,06,088/-. The learned CIT(Appeals) ought to have seen that no addition should have been made u/s 69A of the I.T Act as the cash deposits into the bank account are properly explained.
• 4. Whether the learned CIT(Appeals) ought to have considered the submissions made before him and the evidences submitted and allowed the appeal on merit.

Judgment Outcome

Decided in favour of Assessee.

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