TaxTMI 
TaxTMI 
2025 (6) TMI 1526
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.... Commissioner (Appeals) is against Law and Facts. 2. The Commissioner (Appeals) is not justified in upholding the disallowance of travel expenses of Rs. 2,19,604/- incurred by the trustee, for his multiple trips to Hyderabad, to attend training sessions conducted by NIIT. These visits were very beneficial to the success and quality of the education provided by the school. The Commissioner (Appeals) failed to appreciate that the travel was undertaken for the purpose of the business of the trust and was not his personal expenses. The Commissioner (Appeals) held that the appellant failed to produce the evidence of expenditure though the letter evidencing the visit of trustee to the conference was furnished. 3. The amount of Rs. 3,30,606/- ....
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....en automatically dropped. The Commissioner (Appeals) has erred in confirming the protective addition even after a categorical finding in the case of the trustee of the appellant that the source of funds for the credits in his current account in the appellant's books have been properly explained. The Commissioner (Appeals) is not justified in ignoring the findings in the re-assessment order of the trustee and confirming the protective addition. 5. Without prejudice to the above, it is submitted that even if credits in the account of the trustee were not explained by him, the addition if at all to be made, had to be made in the individual hands of the trustee and not in the hands of the trust. 3. Brief facts of the case are that the as....
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....ning therein comparative chart, assessing officer's letter dated 19.11.2019, assessee's reply dated 2.12.2019 as well as ITAT order in ITA No.243/Bang/2024. Further, assessee has filed another paper book comprising 59 pages containing therein the argument note and various case laws relied upon by the assessee. 7. Before us, ld. A.R. of the assessee submitted that the AO has made protective addition u/s 68 of the Act for the alleged unexplained cash credit in the account of managing trustee Mr. Cletus Austin vide order dated 29.12.2018. However, the reassessment proceedings were subsequently commenced against trustee Mr. Cletus Austin on 29.1.2020. Therefore, at the time of completion of the assessment in the hands of assessee in wh....
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.... Trust. The AO added Rs. 1,54,45,000/- (Rs. 1,84,45,000/- (-) Rs. 30,00,000/-) as unexplained cash credit u/s 68 of the Act in the hands of trust protectively. The assessment order was passed by the AO on 29.12.2018. Further, on going through the order of assessment, passed in the case of Mr. Cletus Austin, Managing Trustee of the Trust placed at page 5 - 10 of the paper book, the AO has observed that the assessee has elaborately explained the facts and figures and observed that the ledger account as well as income and expenditure account are produced in his case, in the case of his spouse and Navadeep Public School and accordingly, the AO accepted the returned income as explained in the letters dated 14.10.2020 and 23.3.2021. Therefore, we....