TaxTMI 
TaxTMI 
2026 (7) TMI 681
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....ant Commissioner of Income Tax, DCIT, CIR, Karnal concerning Assessment Year (A.Y.) 2018-19. 2. Brief facts of the case are that the assessee is a Registered Society registered under Society Act, engaged in charitable, social welfare and religious work. The major source of income of the society is donation from devotees to the temple and annual receipt from agreement to sell all offerings received in temple. 3. An information in this case was received wherein assessee had deposited cash in its bank accounts maintained with HDFC Bank Ltd of Rs. 97,45,000/-. The AO had issued show-cause notice to the assessee, as per provisions of section 148A(b) of the Act. After approval dated 25.03.2022 of specified Authority, an order u/s 148A(d) wa....
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....ovisions of section 10(23C) (iiiad) of IT Act. The Assessing Officer in absence of requisite documentary evidence to explain the cash deposit amounting to Rs. 97,50,000/-, made an addition of Rs. 97,50,000/- to the total income of the assessee under section 69A of the Act. 6. Aggrieved, assessee was in appeal before the CIT(A)/NFAC which was dismissed by the CIT(A)/NFAC. Aggrieved by the order of CIT(A)/NFAC, assessee is now in appeal before us with the following grounds: 1. "That having regard to the facts and circumstances of the case, Ld. CIT(A) ought to have quashed the impugned reassessment order passed by Ld. AO u/s 147 as the statutory and mandatory notice u/s 143(2) has not been issued during the course of reassessment p....
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....cts and findings and in violation of principles of natural justice and without appreciating/considering the submission and evidences filed by the assessee. 6. In any view of matter and in any case, action of Ld. CIT(A) in confirming the action of Ld. AO in making addition of Rs. 97,50,000/- on account of cash deposits in the bank account of assessee u/s 69A/115BBE, is bad in law and against the facts and circumstances of the case. 7. That having regard to the facts and circumstances of the case, Ld. CIT(A) has erred in law and on facts in confirming the action of Ld. AO in not allowing the exemption claimed by the assessee u/s 10(23C)(iiiad) of Income Tax Act, 1961. 8. That having regard to the facts and circumsta....
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.... of the screenshot of the income-tax portal dated 16.02.2023 showing that the return filed in response to notice u/s 148 was pending for approval of condonation of delay in e-verification. The ld AR furnished the copies of the income-tax portal showing that no notice u/s 143(2) was issued and that only notice u/s 142(1) dated 10.11.2022 was issued. It is stated that the AO erroneously recorded on page 11 of the assessment order that notice u/s 143(2) dated 10.11.2022 was issued. It is also submitted that the Ld. AO has assessed the income by treating the return filed on 27.04.2022 as having been filed at Nil income which is also recorded by the Ld. CIT(A), in para 10.3 at page 46 of the impugned order. It is submitted that the Ld. AO relied....
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....lier because of non-linking of PAN and aadhar of the authorized person, has not been rebutted by the AO. This return was subsequently e-verified on 01.03.2023, much before the passing of assessment order u/s 147 on 30.03.2023. 10. We find that it is an admitted fact that the AO has treated the return filed u/s 148 as having been filed as nil income. The CIT(A) also recorded that the AO has relied upon the information available in the said return. We also note that the AO has recorded in the assessment order that notice u/s 143(2) was issued on 10.11.2022 but the ITBA portal report furnished by the assessee do not reflect any issuance of notice u/s 143(2) of the Act. The same also remains unrebutted by the Revenue. In such factual matrix ....