THE INCOME TAX APPELLATE TRIBUNAL DELHI (DELHI BENCH ‘G’ NEW DELHI)

BEFORE SHRI ANUBHAV SHARMA, JUDICIAL MEMBER &

SHRI MANISH AGARWAL, ACCOUNTANT MEMBER ITA No. 2181/DEL/2023 (A.Y. 2016-17) ITA No. 2182/DEL/2023 (A.Y. 2017-18)

Saraswati Ammal Vs Assistant Commissioner of Educational And Charitable Income Tax, Trust , Plot 5107, H-2, Central Circle-II Second Avenue Anna Nagar, 2nd floor, ARTO Complex Chennai, Tamil Nadu Secrtor-33, Noida, PAN: AAETS3783L Uttar Pradesh Appellant Respondent ITA No. 2288/DEL/2023 (A.Y. 2014-15) ITA No. 2289/DEL/2023 (A.Y. 2015-16) ITA No. 2290/DEL/2023 (A.Y. 2016-17) ITA No. 2291/DEL/2023 (A.Y. 2017-18)

Deputy Commissioner Vs. Saraswati Ammal Educational of Income Tax, And Charitable Trust , Plot 5107, RTO Complex, Aayakar H-2, Second Avenue Anna Nagar, Bhawan, Sector-33, Chennai, Tamil Nadu Noida, Uttar Pradesh PAN: AAETS3783L Appellant Respondent C.O No. 107/DEL/2023 (A.Y 2014-15) C.O No. 108/DEL/2023 (A.Y. 2015-16)

Saraswati Ammal Vs. Deputy Commissioner of Income Educational And Tax, RTO Complex, Aayakar Charitable Trust, Plot Bhawan, Sector-33, Noida, Uttar

5107, H-2, Second Pradesh Avenue Anna Nagar, Chennai, Tamil Nadu PAN: AAETS3783L Appellant Respondent ORDER PER MANISH AGARWAL, AM:

Present appeals are filed by the Assessee in ITA Nos.

2181/Del/2023 and 2182/Del/2023 pertaining to Assessment Years 2016-17 and 2017-18 and the Revenue filed Appeals in ITA No. 2288, 2289, 2290 and 2291/Del/2023 for Assessment Years 2014-15 to 2017-18 respectively, challenging the common order of the Ld. Commissioner of Income Tax [“CIT(A)”, in short] dated 02/06/2023. The Assessee has also preferred Cross Objections in C.O. No. 107/Del/2023 and 108/Del/2023 for Assessment Year

2014-15 & 2015-16 respectively.

2. Since all the above appeals are arising out of the common order of Ld. CIT(A) dated 02/06/2023 and having identical issues to be decided, they are heard together and decided by a common order.

3. Brief facts of the case are that, a search proceedings u/s 132 of the Income Tax Act, 1961 (' the Act' for short) was carried out on 09/03/2017 in the case of M/s Etcetera Entertainment, belonging to Sh. V. Mathiyalgan, the then Vice Chancellor Saraswati Institute of Medical Science, Hapur (hereinafter referred as to ‘SIMS’) at Sector 52, Nodia. During the said search proceedings, various incriminating documents were found and seized. Thereafter, on 10/03/2017, a survey u/s 133A of the Act was conducted in the case of SIMS, which is one of the units of the Assessee Trust.

4. During the course of search operation conducted on M/s Etcetera Entertainment and Sh. V. Mathiyalgan, certain information / documents were found and seized and according to the Revenue, they contained information/documents having bearing on determination of the total income of Assessee herein. Hence satisfaction was recorded and proceedings u/s 153C of the Act were initiated against the Assessee for Assessment Year 2014-15 to 2016-17. For AY 2017-18, regular assessment proceedings were carried out and assessment order was passed u/s 144 of the Act. A notice u/s 153C of the Act was came to be issued on 21/10/2018 and in response to the notice, the Assessee filed Returns of income declaring total income at ‘NIL’ in all the three Assessment Years i.e. Assessment Year 2014-15 to 2016-17. Further, in AY 2017-18, Assessee filed Return on 31/10/2018 declaring total income at NIL and the case was selected for scrutiny. Thereafter notice u/s 142 (1) of the Act were issued alongwith questionnaire from time to time and assessment orders were passed u/s 153 r.w.s. 143(3) by making following additions for Assessment Years 2014-15 to 2017-

18:

a) In AY 2014-15, addition of Rs. 22,35,250/- was made u/s.69C of the Act towards unaccounted interest expenses and further addition of Rs. 1.57 Crores was made u/s. 69A of the Act on account of unaccounted capitation fees.

b) In AY 2015-16, addition of Rs. 3,01,62,065/- was made u/s.

69A of the Act towards unaccounted interest