TaxTMI 
TaxTMI 
2025 (7) TMI 1665
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....)"), dated 19.09.2024 for the A.Y. 2016-17. 2. The revenue has raised the following grounds of appeal : "1. The order of the Ld.CIT(A) is erroneous both on facts and in law. 2. The Ld.CIT(A) erred in not considering the fact that section 10(23BBA) clearly distinguishes between the 'bodies' that manage the temples and the temples themselves'. While it specifically exempts the income of any trust, endowment or society etc that are managing the religious places such as temples from tax exemption, it categorically states that the religious places themselves, i.e temples etc are themselves not exempted from taxation. 3. The Ld.CIT(A) erred in not appreciating the fact that the principle of res judicata d....
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....to any of the notices during the assessment proceedings. The Ld. AO, based on information collected u/s.133(6) of the Act, found that the assessee had deposited cash of Rs. 1,88,88,326/- in its bank account with Andhra Pradesh Grameen Vikas Bank, Korivi, Mahabubabad. In absence of any explanation from the assessee, the Ld. AO treated the cash deposits as unexplained income u/s. 69 of the Act and completed the assessment u/s.147 r.w.s. 144 on 31.03.2022, determining the total income of the assessee at Rs. 1,88,88,326/-. 4. Aggrieved with the order of Learned Assessing Officer ("Ld. AO"), the assessee filed appeal before the Ld. CIT(A). Before the Ld. CIT(A), the assessee claimed that the income of the assessee is exempted u/s.10(23BBA) of....
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....indu Religious Institutions and Endowment Act, 1987 and has been issued a certificate u/s.43(1) of the said action. He also submitted that, all the assets and income of the assessee are under the supervision and control of Endowment Department of the state government. Hence, the assessee is eligible for exemption u/s.10(23BBA) of the Act. The Ld. AR further invited our attention to the assessment order for A.Y. 2019-20 placed at page nos.1 to 3 of the paper book and submitted that, the Ld. AO has accepted the claim of the assessee u/s.10(23BBA) of the Act vide assessment order dated 26.02.2024. Therefore, on the principle of consistency, the exemption cannot be denied for the A.Y. 2016-17 in the absence of any change in facts or law. 7. ....
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....e assessee made transactions of large cash deposits of Rs. 2,25,09,446/- in its Savings Bank account No. 1043826224 with Andhra Pradesh Grameena Vikas Bank (PAN: AAAJA1351N) during F.Y. 2018-19, summarized as under: PAN : AADAS5109E Information Code Information Description Source Count Amount Description Amount (Rs.) SFT-004 Cash deposits in one or more accounts (other than a current account and time deposit) of a person A.P. GRAMEENA VIKAS BANK 1 Aggregate gross amount received from person in cash 2,25,09,446 2. Details of opportunities given: Type of notice/communication Date of notice/communication Date of compliance given Response of the assessee received/not received ....
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....sed u/s 147 r.w.s. 144B of Income-tax Act, 1961. Tax and interest are calculated accordingly. Demand notice and challan are issued herewith. Assessment Unit Income Tax Department 7.1 On perusal of above, we found that after going through the submission filed by the assessee, the Ld. AO has allowed the exemption u/s.10(23BBA) of the Act to the assessee for A.Y. 2019-20 vide his order dated 26.02.2024. It is undisputed that the order for A.Y. 2016-17 was an ex-party order and the Ld. AO could not adjudicate on the issue of allowability of exemption u/s 10(23BBA) of the Act to the assessee. However for A.Y. 2019-20 the Ld. AO has allowed the exemption u/s.10(23BBA) of the Act to the assessee for A.Y. 2019-20 after going th....