Central Institute of Higher Tibetan Studies v. ITO (2022) 197 ITD 310 / 98 ITR 29 (SN) (Varanasi)(Trib.)

S. 69A : Unexplained money-Deposit-Sale proceeds of book and donation-Matter remanded for reverification. [S. 147, 148]

Reassessment notice was issued to   assessee to explain an   amount of Rs. 45,55,746 being deposited by assessee in its bank account during year.  Assessee explained that an amount of Rs. 21,33,123 was donation given to Dalai Lama Charitable Trust, Dharamshala by devotees of Dalai Lama who visited Varanasi in January, 2009 for teaching and said amount was transferred by it to Dalai Lama Charitable Trust by getting demand draft from bank account and it had only facilitated transfer of donation from Varanasi to Dharamshala.  It further explained that rest of amount of Rs. 24,22,627 in bank account was on account of sale of books and advances received for University work.  Assessing Officer did not accept explanation for want of supporting documents and added entire amount to income of assessee as unexplained money under section 69A  of the Act. Held that the addition was made by the Assessing Officer without verifying the facts  hence the matter was remanded to the Assessing Officer  these facts was not justified to re-adjudicate the issue after considering all details and evidences.  (AY. 2009-10)