State Board of Technical Education and Training AP vs. The Dy. Commissioner of Income Tax

Parties Involved

Facts Summary

The assessee, State Board of Technical Education and Training AP, is an Association of Persons (AoP). The Department noted that the assessee had income chargeable to tax which was escaped assessment for the FY 2015-16 relevant to the AY 2016-17. The Assessing Officer issued a notice under section 148 of the Income Tax Act, 1961, requiring the assessee to file an income tax return within a month. However, the assessee did not file the return. Subsequently, the Assessing Officer issued notices under section 142(1) of the Act, but the assessee did not comply. The Assessing Officer then issued a show cause notice under section 144 of the Act, requesting the assessee to explain why the assessment should not be completed based on the available material. The assessee did not respond, leading the Assessing Officer to complete the assessment under section 144 r.w.s 147 of the Act. The Assessing Officer observed that the assessee made a cash deposit of Rs. 1,59,00,000/- in its bank account and did not file an income tax return for the AY 2016-17. The Assessing Officer asked the assessee to explain the source of the cash deposit, but the assessee did not provide any explanation. Consequently, the Assessing Officer treated the amount of Rs. 1,59,00,000/- as unexplained income under section 69A of the Act and imposed a penalty under section 271(1)(c) of the Act. The assessee appealed to the Commissioner of Income Tax (Appeals) - National Faceless Appeal Centre (CIT(A)-NFAC), which dismiss…

Legal Issues

• 1. Whether the order of the CIT(A)-NFAC is contrary to the facts and law applicable to the case.
• 2. Whether the CIT(A)-NFAC was justified in dismissing the appeal for alleged non-payment of advance tax.

Judgment Outcome

Decided in favour of Partly Assessee / Partly Revenue.

Precedents Relied Upon

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