Ekchaka Samabaya Krishi Unnayan Samity Limited Vs DCIT (ITAT Kolkata)
Summary: The Income Tax Appellate Tribunal, Kolkata Bench, considered two appeals filed by Ekchaka Samabaya Krishi Unnayan Samity Limited against the orders of the NFAC, Delhi, for Assessment Years 2015-16 and 2016-17. Since both appeals involved the same assessee and identical issues, they were heard together and decided by a common order, with the facts for AY 2015-16 in ITA No. 426/KOL/2026 being considered for convenience.
The reassessment proceedings arose after information was received by the Assessing Officer that the assessee had made cash deposits into its Axis Bank Limited accounts. For AY 2015-16, the amount of cash deposits stated in the order was Rs.55,92,800/-. The assessee had not filed its return of income and did not file a return in response to the notice issued under section 148 of the Income-tax Act, 1961. The Assessing Officer ultimately made additions under section 56, section 28 and section 80P6(iii), including an addition of Rs.57,108/- under section 56, Rs.4,91,302/- under section 28 and Rs.7,39,079/- on account of valuation in respect of disallowance under section 80P6(iii). The order also records that similar information and identical additions arose for AY 2016-17.
The assessee challenged the reassessment before the CIT(A), but both appeals were dismissed by orders dated 18.12.2025. Before the Tribunal, the assessee’s principal contention was that the reason recorded for reopening concerned the cash deposits, but no addition was ultimately made on that issue because the assessee had furnished documents explaining the source of the deposits. According to the assessee, once the addition forming the basis of reopening was not made, the Assessing Officer could not travel beyond the recorded reasons and make additions on unrelated issues. The assessee relied upon judicial precedents including CIT Vs Mohmed Juned Dadani and the principles stated in the decisions referred to in the order.
