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TMI Blog2015 (8) TMI 1145X X X X Extracts X X X X X X X X Extracts X X X X ..... idered only in the hands of the church, if at all an addition has to be made. There cannot be any addition in the hands of the present assessee. This Tribunal is of the considered opinion that the Commissioner of Income-tax (Appeals) has rightly deleted the addition. - Decided in favour of assessee. - I.T.A No. 278 to 281/Coch/2014 - - - Dated:- 6-3-2015 - <!--[if gte mso 9]> <![endif]--> Shri N.R.S. Ganesan and Shri Chandra Poojari, JJ. For the Appellant : Shri M Anil Kumar, CIT For the Respondent : Shri K.I. John ORDER N. R. S. Ganesan (Judicial Member).- All the four appeals of the assessee are directed against the common order passed by the Commissioner of Income-tax (Appeals)-V, Kochi for the assessment years 2004-05 to 2007-08. Since common issue arises for consideration, all the four appeals were heard together and are disposed of by this common order. 2. The only issue arises for consideration in all these appeals is addition made by the Assessing Officer under section 69 of the Income-tax Act and in respect of investment/deposit found in the bank deposits. 3. Shri M. Anil Kumar, the learned Departmental representati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of account of the diocese or the church it cannot be presumed that the money deposited in the bank account was not belonging to the assessee. According to the learned Departmental representative, it is for the assessee to establish that the money belonging to the church/diocese was deposited in his bank account. Therefore, the learned Departmental representative submitted that the matter may be remanded back to the file of the Assessing Officer so that the matter can be verified whether the money deposited in the bank account belongs to the assessee or the church/diocese. 4. On the contrary, Shri K. I. John, the learned representative for the assessee, submitted that the addition made by the Assessing Officer for the assessment year 2004-05 is only ₹ 4 lakhs and the tax payable is less than ₹ 4 lakhs. Similarly for the assessment year 2006-07 the addition was only ₹ 11,84,000 and the tax effect is less than ₹ 4 lakhs. Hence, according to the Central Board of Direct Taxes circular, the Department cannot file appeals for assessment years 2004-05 and 2006-07. 5. Coming to the merit of the addition, Shri K. K. John, the learned representative submitted tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nvestments, other than patrimony, after induction into this position, shall belong to Marthoma Syrian Church. According to the learned representative, unless the present assessee takes oath of affirmation in this format he cannot become bishop/metropolitan. According to the learned representative, in fact, the assessee took oath of fidelity. Therefore, he cannot possess any asset/money etc., other than his patrimony. According to the learned representative, therefore, even though the property and bank account stands in his name it does not belong to him. It is the property of the church or diocese. Therefore, the contention of the Assessing Officer that the money belongs to the assessee does not merit consideration. The learned representative further submitted that the deposit made in the bank accounts was received from the member of the church for construction of building in the property purchased in the year 2002. The bank account was opened in the name of the assessee. Referring Page No : 0353 to copy of the bank statement, copy of which is filed by the assessee, the learned representative submitted that the account itself shows that it is of Joseph Mar Iranium Hermitage. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd also perused the material available on record. The only issue that arises for consideration is whether deposit made in the bank account which stands in the name of the assessee is the income of the assessee or is it an income of the church. The assessee claims that the moment he became the metropolitan/bishop of the diocese, he cannot own any property, money etc., other than his patrimony. 9. We have carefully gone through the constitution of Marthoma Syrian Church of Malabar. In the oath of affirmation said to be made by the assessee on fidelity, the following clauses are available : All movable and immovable properties, assets, bank deposits and investments, whether presently held by me or coming to be held by me hereafter, other than my patrimony and so also any part-interests becoming vested in me, in any assets or investments, other than my patrimony, after my induction into this position, shall belong to Marthoma Syrian Church. Therefore, the moment he executed this oath of affirmation all movable and immovable properties, assets, bank deposits held by him on the date of such affirmation and which may go into his possession at a later stage would belong to Marth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 11. The next contention of the learned Departmental representative is that the money deposited in the bank account of the assessee was not accounted in the books of account of the diocese or the church. The learned representative claims that all the monies deposited and withdrawn was accounted in the diocese of Adoor and Marthoma Syrian Church of Malabar. The learned Departmental representative submitted that the matter needs to be remitted back to the file of the Assessing Officer for verification to find out whether the money was accounted in the books of account of the church or diocese. This Tribunal is of the considered opinion the bank account standing in the name of the assessee does not belong to the assessee in his individual capacity and he was holding the account in his fiduciary capacity as metropolitan/bishop of the church. Therefore, all the monies credited in the bank account, which stands in the name of the assessee, belong to the church. If the money credited in the bank account of the assessee is not accounted in the books of account of the church or diocese addition could be made only in the hands of the church or diocese and not in the hands of the individual, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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