The Academy of General Education Chikmagalur, Mountain View School, Vidya Nagar, Chikmagalur – 577 101. Vs. The Income Tax Officer, Ward 2, Chikmagalur.

Parties Involved

Facts Summary

The assessee filed return of income declaring loss of Rs.31,43,615. The case was selected for limited scrutiny of substantial deduction under the head income from other sources u/s. 57. Statutory notices were issued to the assessee. The AO granted various opportunities, but the assessee did not respond. Finally a physical copy of notice was served to the Secretary of the assessee on 26.02.2021 to which the assessee did not comply. Therefore a draft assessment order proposing to disallow deduction of Rs.1,55,02,561 u/s. 57 was issued vide show cause dated 23.03.2021. The assessee submitted response. The AO after considering the submissions assessed total income of Rs.42,22,369. Aggrieved from the above order, the assessee filed appeal before the First Appellate Authority (FAA). The ld. FAA issued various notices on 12.08.2021, 28.03.2024, 15.04.2024 and 30.04.2024 but there was no response from the assessee’s side. Accordingly on the basis of material available before him, the ld. FAA dismissed the appeal of the assessee. Aggrieved, the assessee is in appeal before the ITAT.…

Legal Issues

• 1. The Order passed by the Learned Assessing Officer & confirmed by the First Appellate Authority is bad in law.
• 2. The learned Assessing Officer & FAA has erred in not allowing the expenditure claimed by the appellant.
• 3. The Learned Assessing Officer has erred in disallowing the expenditure amounting to Rs.32,09,760/-
• 4. The Learned Assessing Officer has erred in disallowing the expenditure amounting to Rs.2,77,345/-
• 5. The Learned Assessing Officer has erred in disallowing the expenditure amounting to Rs.38,78,879/-
• 6. The Appellant craves permission to add, alter, amend, and to modify, substitute, delete and to rescind all or any of the Grounds of Appeal, on or before the Hearing.

Judgment Outcome

Decided in favour of Partly Assessee / Partly Revenue.

Similar Judgements

• Vindhya Trust vs. DCIT

  Delhi Bench 'A' benchAY 2018-19Allowed

• Suman Devi vs. ITO, Ward 36 (1), Delhi

  Delhi bench

• Devinder Ajmani Vs. Assessing Officer, Ward-11(1)

  Delhi Bench benchAY 2020-21Allowed

• Sh. Praveen Gupta Vs. ACIT, New Delhi

  Delhi Benches 'F', New Delhi benchAY 2008-09Dismissed

• Shri. Neelakanth Kuntoji Basavaraj vs. ITO

  Bangalore bench

• DCIT, Circle-5(1), Kolkata vs. Bandhan Bank Ltd., Kolkata

  Kolkata Bench benchAY 2020-21Dismissed