आयकर अपीलीय अिधकरण, ‘बी’ (cid:1)यायपीठ, चे(cid:9)ई।

IN THE INCOME TAX APPELLATE TRIBUNAL ‘B’ BENCH: CHENNAI (cid:1)ी एबी टी. वक(cid:10), (cid:11)ाियक सद(cid:17) एव ं

(cid:1)ी जगदीश, लेखा सद(cid:12) के सम(cid:21)

BEFORE SHRI ABY T. VARKEY, JUDICIAL MEMBER AND SHRI JAGADISH, ACCOUNTANT MEMBER आयकर अपील सं./ITA Nos.3310 to 3314/Chny/2024 िनधा(cid:14)रणवष/(cid:14) Assessment Years: 2017-18 to 2021-22 M/s.Bannari Amman- v. The ACIT, Educational Trust, Central Circle-3(2), 1212, Trichy Road, Chennai.

Coimbatore-641 018. [PAN: AAATB 1235 C (अपीलाथ(cid:22)/Appellant) ((cid:23)(cid:24)यथ(cid:22)/Respondent)

आयकर अपील सं./ITA Nos.3353 & 3354 to 3358/Chny/2024 िनधा(cid:14)रणवष/(cid:14) Assessment Years: 2015-16 & 2017-18 to 2021-22 &

Cross-Objection No.42/Chny/2025 (in ITA No.3353/Chny/2024)

िनधा(cid:16)रणवष(cid:16)/Assessment Year: 2015-16 The ACIT, v. M/s.Bannari Amman-

Central Circle-3(2), Educational Trust, Chennai. 1212, Trichy Road, Coimbatore-641 018. [PAN: AAATB 1235 C (अपीलाथ(cid:22)/Appellant) ((cid:23)(cid:24)यथ(cid:22)/Respondent/Cross-

Objector)

Assessee by : Mr.Vikram Vijayaraghavan, Advocate (virtual)/Ld.AR Department by : Mr.Shiva Srinivasan, CIT/DR सुनवाईक(cid:28)तारीख/Date of Hearing : 27.06.2025 घोषणाक(cid:28)तारीख /Date of Pronouncement : 14.08.2025 M/s.Bannari Amman Educational Trust आदशे / O R D E R PER ABY T. VARKEY, JM:

These cross appeals preferred by the assessee and the Revenue are arising out of the orders passed u/s 250 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act‘) by the Learned Commissioner of Income Tax (Appeals)-20, Chennai (hereinafter referred to as ‘Ld.CIT(A)‘), dated 30.10.2024 for the Assessment Years (hereinafter referred to as ‘AY‘) 2015-16, 2017-18 to 2021-22. Since the issues involved are common, all the appeals were heard together. Both the parties also argued them together, raising similar arguments on these issues. Accordingly, for the sake of convenience and brevity, we dispose all the appeals by this consolidated order.

2. Before adverting to the grounds taken in the cross appeals, it is first relevant to cull out the background facts of the case. The assessee is a registered charitable trust u/s 12AA of the Act, which is running one college in the name of M/s Bannari Amman Institute of Technology and one school in the name of M/s Bannari Amman Vidya Niketan Matric Higher Secondary School. A survey action u/s 133A of the Act was conducted upon the assessee trust on 25.02.2020. Later on, a search and seizure action u/s 132 of the Act was conducted in the Chettinad Group of M/s.Bannari Amman Educational Trust cases on 09.12.2020. During the course of search upon Chettinad Group, three diaries vide ANN/CTSPL/SB/B&D/S (1 to 3) and one loose sheet folder vide ANN/CLTSP/SB/LS/S were seized, which according to the Investigation officers, contained evidence for receipt of cash by Chettinad Builders Private Limited (in short ‘CBPL’) from M/s Bannari Amman Sugars Pvt. Ltd. (in short ‘BASPL’). From these notings, it was inferred that, the cash was received by CBPL in lieu of rebate of 15% given in the construction bills. According to the AO of the searched person, the seized material contained information which pertained to the assessee trust and had a bearing on their total income. After recording his satisfaction, the AO issued notice(s) u/s 153C of the Act, requiring the assessee to furnish return(s) of income for AYs 2015-16 to 2020-21 and the case for AY 2021-22 was taken up for regular scrutiny by issue of notice u/s 143(2) of the Act. The summary of additions/disallowances made by the AO, which are in dispute in the cross appeals, for AYs 2015-16 and 2017-18 to

2021-22 are as follows:-

M/s.Bannari Amman Educational Trust

3. It is noted that the reasoning given by the AO for making the above additions were verbatim same across all AYs. Hence, for the sake of convenience, and to avoid repetition of facts, we deem it fit to adjudicate each of the common issues across all the AYs before us tog