2025 (7) TMI 1665

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.... 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 does not apply to income tax proceedings and each year's asse....

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....nformation 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 the Act. The Ld. CIT(A) accepted the claim of the assessee and deleted the addit....

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.... 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. We have heard the rival contentions and also gone through the record in the light of th....

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....ing 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 Date of response if received (Full/part/adjournment) Response type Remarks if any. 148 31.03.2023 30.04.2023 Not received - - No return/ no reply 142(1) 09.08.2023 23.08.2023 Not received - -- No reply Letter....

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....see 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 through the submission filed by the assessee. The facts and legal provision applicable to A.Y. 2016-17 and A.Y. 2019-20 are claimed to be identical by the assessee. Further, no distinguishable material with regard to any change in facts or law has been brought to our notice by the revenue. We are in agreement with the contention of the revenue, that principle of resjudic....