IN THE INCOME TAX APPELLATE TRIBUNAL, AGRA BENCH, AGRA BEFORE : SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND SHRI MANOJ KUMAR AGGARWAL, ACCOUNTANT MEMBER ITA Nos.376/Agr/2019 Assessment Year: 2009-10 Mathura Vrindavan Vs. CIT (Exemption), Development Authority Lucknow.

32, Civil Lines, Mathura (UP).

With ITA Nos. 419/Agr/2015 Assessment years :2010-11 Mathura Vrindavan Vs. ACIT, Circle-3, Development Authority Mathura

32, Civil Lines, Mathura (UP).

And ITA Nos. 118 & 119/Agr/2018 Assessment years : 2012-13 & 2013-14 Mathura Vrindavan Vs. CIT (Exemption), Development Authority Ghaziabad.

32, Civil Lines, Mathura (UP).

PAN : AAALM0135A (Appellant) (Respondent)

Assessee by Sh. Shashank Agrawal, Advocate Department by Sh. Sukesh Kumar Jain, CIT(DR)

Date of hearing 11.02.2025 Date of pronouncement 11.02.2025

ORDER

Per Satbeer Singh Godara, Judicial Member:

The instant batch of four cases involves the single assessee herein, namely, Mathura Vrindavan Development Authority. All other relevant details thereof are tabulated as under:

2. Shri Shashank Agrawal, Advocate represents the assessee. Shri S.K. Jain, learned CIT(DR) has filed an adjournment letter stating that since unprecedented number of cases are fixed for hearing, he is unable to assist the Bench. We make it clear that since, all these cases are old appeals filed way back in the year 2015, 2018 and 2019, as the case may be, we see no merit in the aforesaid adjournment petition. The same stands rejected.

3. The assessee’s “lead” case ITA No. 419/Agr/2019 for A.Y. 2010-11 raises the following substantive grounds as under :

“1. THAT, the assessment for A.Y. 2009-10 was completed u/s 143(3)/147 vide order dated: 29.09.2016 but the learned 'CIT (Exemption)' issued a show cause notice dated: 10.02.2017 under section 263 of the income tax act, 1961 for the revision of the order passed by the Assessing Officer.

2 That even after the proper reply to show cause notice the CIT (Exemptions) has passed order u/s 263 for the revision of the order on 15.01.2019.

3 That the grounds for the order u/s 263 is as follows:-

(i) That the cash deposit of Rs. 10,26,830/- during the A.Y. 2009-10 was not verifiable at the time of initiation of proceedings under section 147/148 of the Income Tax Act, 1961.

(ii) That the assessment was carried out without making enquiries or even placing the copy of return, copy of audit report, balance sheet, income and expenditure account etc. even gross receipt and surplus during the year is not given in order on record.

(iii) That the registration granted to the assessee u/s 12AA was withdrawn by the CIT - 1, Agra vide order dated: 09.11.2012 with effect from A.Y. 2009-10. The assessee's appeal against this order was allowed by ITAT but revenue's appeal in High Court is still pending.

4. That the grounds for appeal is as follows: -

(i) That the notice u/s 133 (6) of the Income Tax Act was issued to the assessee regarding the cash deposition and in response to this, due and proper reply was furnished to the Income Tax Officer (Exemption), Agra on 14.03.2016 along with copy of audited balance sheet.

Further, the case was re-opened on the pretax of the income assessment as the cash deposition was not verifiable. However, the assessee has raised objection towards the re- opening of the assessment. But, the objections raised by the assessee were disposed off by the Assessing Officer without giving any comment.

Further, that the proceedings were initiated on the ground that the case was not verifiable however, no such position exist after the proceedings as the order passed by the Assessing Officer clearly state that All the issues related to the case were discussed with the Authorized Representative of the Assessee and Details of cash deposit was also furnished by the assessee. Looking into all these facts, it is very much evident that the cash was duly verified and this is not a legal ground to re-open the assessment.

(ii) That the assessment order passed by the Assessing Officer clearly