The ITO, Thiruvalla V. Most Rev. Dr. Joseph Marthoma, Thiruvalla

ITA 281/COCH/2014

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 86420 (ITAT-COCHIN)
• Duration Of Justice: 8 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-03-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 11-02-2015
• Assessment Year: 2007-2008
• Appeal Filed On: 16-06-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M ANIL KUMAR
• Assessee Lawyers: K I JOHN
• Keywords: Gift; Tax effect
• Section: 147; 69

Judgement Text

1 ITA NO.278 TO 281/COCH/2014 IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE SHRI N.R.S. GANESAN (JM) AND SHRI CHANDRA PO OJARI (AM) I.T.A NO. 278 TO 281/COCH/2014 (ASSESSMENT YEARS 2004-05 TO 2007-08) ITO, WD.2 VS MOST REV DR JOSEPH MARTHOMA THIRUVALLA POOLATHEEN, THIRUVALLA PAN : ALRPJ4198A (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI M ANIL KUMAR, CIT RESPONDENT BY : SHRI K.I. JOHN DATE OF HEARING : 11-02-2015 DATE OF PRONOUNCEMENT : 06-03-2015 O R D E R PER N.R.S. GANESAN (JM) ALL THE FOUR APPEALS OF THE ASSESSEE ARE DIRECTED AGAINST THE COMMON ORDER PASSED BY THE CIT(A)-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 O F BY THIS COMMON ORDER. 2 ITA NO.278 TO 281/COCH/2014 2. THE ONLY ISSUE ARISES FOR CONSIDERATION IN ALL T HESE APPEALS IS ADDITION MADE BY THE ASSESSING OFFICER U/S 69 OF TH E INCOME-TAX ACT AND IN RESPECT OF INVESTMENT / DEPOSIT FOUND IN THE BANK D EPOSITS. 3. SHRI M ANIL KUMAR, THE LD.DR SUBMITTED THAT THE ASSESSING OFFICER FOUND A DEPOSIT OF RS.4,40,352 IN THE BANK ACCOUNT MAINTAINED IN THE NAME OF THE ASSESSEE FOR THE ASSESSMENT YEAR 2004-0 5. SIMILARLY, FOR THE ASSESSMENT YEAR 2005-06 THE ASSESSING OFFICER FOUND THE DEPOSIT TO THE EXTENT OF RS.19,28,264. FOR THE ASSESSMENT YEAR 2006-07 A DEPOSIT OF RS.11,80,407 AND FOR THE ASSESSMENT YEAR 2007-08 DE POSIT OF RS.30,42,728 WAS FOUND. ACCORDING TO THE LD.DR, TH E BANK ACCOUNT STANDS IN THE INDIVIDUAL NAME OF THE ASSESSEE. THE ASSESS EE IS THE BISHOP / METROPOLITAN OF MARTHOMA SYRIAN CHURCH OF MALABAR. ACCORDING TO THE LD.DR, THE ORIGINAL NAME OF THE ASSESSEE WAS JOSEPH MAR IRANIUS AND AFTER HE BECAME METROPOLITAN, THE NAME WAS CHANGED TO MOS T. REV.DR.JOSEPH MARTHOMA. THE DEPARTMENT FOUND A BANK ACCOUNT IN F EDERAL BANK, KOZHENCHERRY BRANCH. THE ACCOUNT WAS OPENED IN THE NAME OF THE ASSESSEE DURING THE FINANCIAL YEAR 2003-04. ACCORD ING TO THE LD.DR, THE ASSESSEE ALSO PURCHASED LAND IN HIS NAME. THE ASSE SSEE CLAIMED BEFORE THE ASSESSING OFFICER THAT THE BANK ACCOUNT WAS OPE NED IN FIDUCIARY CAPACITY AS BISHOP OF THE CHURCH AND ALL THE DEPOSI TS WERE ACCOUNTED IN THE BOOKS OF MARTHOMA SYRIAN CHURCH OF MALABAR AND THE CHURCH OF ADOOR. 3 ITA NO.278 TO 281/COCH/2014 HOWEVER, THE ASSESSING OFFICER FOUND THAT THE MONEY SAID TO BE COLLECTED BY THE ASSESSEE AND DEPOSITED IN THE BANK ACCOUNT W AS NOT ACCOUNTED EITHER IN THE BOOKS OF ACCOUNT OF THE CHURCH OR THE DIOCESE. THEREFORE, ACCORDING TO THE LD.DR, SINCE THE DEPOSITS WERE MAD E IN THE BANK ACCOUNT WHICH STANDS IN THE NAME OF THE ASSESSEE WAS NOT AC COUNTED IN THE BOOKS OF ACCOUNT OF THE CHURCH OR DIOCESE AND IT WAS TREA TED AS HIS INCOME, THEREFORE, THE ASSESSING OFFICER MADE ADDITION. HO WEVER, THE CIT(A) BASED UPON THE CONSTITUTION OF THE DIOCESE FOUND THAT THE ASSESSEE CANNOT OWN ANY PROPERTY OR MONEY EXCEPT PATRIMONY AND ALL PROP ERTIES / MONEY BELONGS TO ASSESSEE WOULD AUTOMATICALLY GO TO THE C HURCH OR THE DIOCESE. THEREFORE, THE MONEY DEPOSITED IN THE BANK ACCOUNT OF THE ASSESSEE CANNOT BE TREATED AS INCOME OF THE ASSESSEE. ACCOR DING TO THE LD.DR, WHEN THE BANK ACCOUNT STANDS IN THE NAME OF THE ASS ESSEE AND THE MONEY DEPOSITED IN THE BANK ACCOUNT WAS NOT ACCOUNTED IN THE BOOKS 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 LD.DR, IT IS FOR THE ASSESSEE TO E STABLISH THAT THE MONEY BELONGS TO THE CHURCH / DIOCESE WAS DEPOSITED IN HI S BANK ACCOUNT. THEREFORE, THE LD.DR SUBMITTED THAT THE MATTER MAY BE REMANDED BACK TO THE FILE OF THE ASSESSING OFFICER SO THAT THE MATTE R CAN BE VERIFIED WHETHER THE MONEY DEPOSITED IN THE BANK ACCOUNT BELONGS TO THE ASSESSEE OR THE CHURCH / DIOCESE. 4 ITA NO.278 TO 281/COCH/2014 4. ON THE CONTRARY, SHRI K.I. JOHN THE LD.REPRESENT ATIVE FOR THE ASSESSEE SUBMITTED THAT THE ADDITION MADE BY THE ASSESSING O FFICER FOR THE ASSESSMENT YEAR 2004-05 IS ONLY RS.4 LAKHS AND THE TAX PAYABLE IS LESS THAN RS.4 LAKHS. SIMILARLY FOR THE ASSESSMENT YEAR 2006-07 THE ADDITION WAS ONLY RS.11,84,000 AND THE TAX EFFECT IS LESS TH AN RS.4 LAKHS. HENCE, ACCORDING TO THE CBDT CIRCULAR, THE DEPARTMENT CANN OT FILE APPEALS FOR ASSESSMENT YEAR 2004-05 AND 2006-07. 5. COMING TO THE MERIT OF THE ADDITION, SHRI K.K. J OHN, THE LD. REPRESENTATIVE SUBMITTED THAT THE ENTIRE ISSUE WAS BECAUSE OF A COMPLAINT MADE BY ONE PROF MATHEW C VARGHESE. THE LD.REPRESE NTATIVE SUBMITTED THAT THE SAID PROF MATHEW C VARGHESE MADE A COMPLAI NT AGAINST THE CHARTERED ACCOUNT (THE PRESENT REPRESENTATIVE, WHO IS APPEARING BEFORE THIS TRIBUNAL) ALLEGING THAT THE PROPERTY IN THE IN DIVIDUAL NAME OF THE BISHOP (ASESSEE) WAS SHOWN AS ASSET OF THE CHURCH IN THE B ALANCE-SHEET. THE LD.REPRESENTATIVE SUBMITTED THAT THE COMPLAINT MADE TO INSTITUTE OF CHARTERED ACCOUNTS WAS EXAMINED BY THE DISCIPLINARY COMMITTEE CONSTITUTED U/S 21B OF THE CHARTERED ACCOUNTANTS A CT, 1949. THE DISCIPLINARY COMMITTEE FOUND THAT THE LAND WAS PURC HASED FROM CHURCH FUND IN THE NAME OF THE BISHOP AND HEAD OF THE ADOOR MAV ELIKKARA DIOCESE. IT WAS FURTHER FOUND BY THE DISCIPLINARY COMMITTEE THA T THE LAND WAS ENTERED IN THE ASSET REGISTER IN THE BOOKS OF ACCOUNT OF TH E HEADQUARTERS. THE 5 ITA NO.278 TO 281/COCH/2014 ADDITION TO LAND AND BUILDING WAS FURTHER APPROVED BY THE HEADQUARTERS IN THE YEAR 2006-07. THEREFORE, THE DISCIPLINARY COMM ITTEE FOUND THAT THERE IS NO GUILT OF PROFESSIONAL CONDUCT IN SHOWING THE LAN D AS ASSET IN THE BALANCE-SHEET OF THE CHURCH. ACCORDING TO THE LD.R EPRESENTATIVE, THIS SHOWS THAT EVEN THOUGH THE LAND STANDS IN THE NAME OF THE ASSESSEE BEING THE BISHOP / METROPOLITAN OF THE DIOCESE IT DOES NO T BELONG TO HIM. HE IS HOLDING THE SAME IN FIDUCIARY CAPACITY AS HEAD OF T HE RELIGIOUS INSTITUTION. REFERRING TO THE MARTHOMA SYRIAN CHURCH OF MALABAR CONSTITUTION, THE LD.REPRESENTATIVE CLARIFIED THAT A PERSON BECOMING METROPOLITAN / BISHOP OF THE DIOCESE HAS TO EXECUTE AN OATH OF FIDELITY, COP Y OF WHICH IS AVAILABLE AT PAGES 15 & 16 OF THE MARTHOMA SYRIAN CHURCH OF MALA BAR CONSTITUTION. REFERRING TO THE CLAUSES IN THE OATH OF AFFIRMATION , THE LD.REPRESENTATIVE CLARIFIED THAT THE METROPOLITAN / BISHOP SHALL NOT SELL OR ENCUMBER OR MAKE GIFT OF ANY PROPERTY BELONGING TO THE CHURCH OR IN CUSTODY OF THIS CHURCH OR IN TRUST, OR ACT IN ANY MANNER PREJUDICIAL TO ANY R IGHT OR PRIVILEGE NOW POSSESSED BY OR MAY HEREAFTER ACCRUE TO THE CHURCH. THE FURTHER CLAUSE IN THE OATH OF AFFIRMATION IS THAT OF MOVABLE AND I MMOVABLE PROPERTIES, ASSETS, BANK DEPOSITS AND INVESTMENTS, WHETHER PRES ENTLY HELD BY THE METROPOLITAN / BISHOP OR COMING TO BE HELD BY HIM H EREAFTER, OTHER THAN MY PATRIMONY AND SO ALSO ANY PART INTERESTS BECOMING V ESTED IN HIM, IN ANY ASSETS OR INVESTMENTS, OTHER THAN PATRIMONY, AFTER INDUCTION INTO THIS POSITION, SHALL BELONG TO MAR THOMA SYRIAN CHURCH. ACCORDING TO THE 6 ITA NO.278 TO 281/COCH/2014 LD.REPRESENTATIVE, UNLESS THE PRESENT ASSESSEE TAKE S OATH OF AFFIRMATION IN THIS FORMAT HE CANNOT BECOME BISHOP / METROPOLITAN. ACCORDING TO THE LD.REPRESENTATIVE, IN FACT, THE ASSESSEE TOOK OATH OF FIDELITY. THEREFORE, HE CANNOT POSSESS ANY ASSET / MONEY ETC OTHER THAN HIS PATRIMONY. ACCORDING TO THE LD.REPRESENTATIVE, THEREFORE, EVEN THOUGH THE PROPERTY AND BANK ACCOUNT STANDS IN HIS NAME IT DOES NOT BELONG TO HIM. IT IS PROPERTY OF THE CHURCH OR DIOCESE. THEREFORE, THE CONTENTION O F THE ASSESSING OFFICER THAT THE MONEY BELONGS TO THE ASSESSEE DOES NOT MER IT CONSIDERATION. THE LD.REPRESENTATIVE FURTHER SUBMITTED THAT THE DEPOSI T 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 TO COPY OF THE BANK STATEMENT, COPY OF WHICH IS FILED BY THE ASSESSEE, THE LD.REPRESENTATIVE SUBMITTED THAT THE ACCOUNT ITSELF SHOWS THAT JOSEPH MAR IRANIUM HERMITAGE. THEREFORE, THE ACCOUNT ITSELF WAS OPENE D FOR CONSTRUCTION OF HERMITAGE FOR OLD AGE PEOPLE. THE LD.REPRESENTATIV E FURTHER SUBMITTED THAT HAVING EXECUTED AN OATH OF AFFIRMATION TO ACT IN FI DUCIARY CAPACITY ON BEHALF OF THE CHURCH, THE BANK ACCOUNT DE FACTO BELONGS TO THE CHURCH. THE DONORS, WHO CONTRIBUTED FOR THE CAUSE HAVE CREDITED THE MONEY INTO THE HERMITAGE ACCOUNT IN THE NAME OF THE ASSESSEE. THE VERY CREDIT IN THE ACCOUNT IS THE CREDIT TO THE CHURCH FOR THE HERMITA GE FOR OLD AGE PEOPLE OF THE CHURCH, WHO LOST THEIR SPOUSE. THE CONSTRUCTIO N ACCOUNT WAS GIVEN TO 7 ITA NO.278 TO 281/COCH/2014 THE CHURCH AND IT WAS INCORPORATED IN THE CHURCH AC COUNT WHICH WAS APPROVED BY THE SUPREME BODY OF THE CHURCH, VIZ. MA NDALA. THEREFORE, ACCORDING TO THE LD.REPRESENTATIVE, WHEN THE MONEY WAS CREDITED IN THE BANK ACCOUNT ITS CHARACTER IS A RECEIPT BY THE CHUR CH. THEREFORE, IT GOES TO THE CHURCH BY OVERIRIDING TITLE AS FOUND BY THE APE X COURT IN RADHASOAMI SATSANG VS CIT (1992) 193 ITR 321 (SC). THE LD.REP RESENTATIVE HAS ALSO PLACED RELIANCE ON THE JUDGMENT OF THE APEX COURT I N CIT VS IMPERIAL CHEMICAL INDUSTRIES (INDIA)(P) LTD 1969) 74 ITR 17 (SC). REFERRING TO THE DECISION OF THIS TRIBUNAL IN LOKNETE BALASWAHEB DES AI SAHAKARI SAKHAR KARKHANA LTD VS DCIT (2014) 148 ITD 372 (PUNE-TRIB) , THE LD.REPRESENTATIVE SUBMITTED THAT WHEN THE ASSESSEE S ROLE IS ONLY A TRUSTEE, THE AMOUNT COLLECTED IN HIS CAPACITY AS TRUSTEE CAN NOT BE TAXED AS HIS INCOME. THE LD.REPRESENTATIVE SUBMITTED THAT THE T RIBUNAL APPARENTLY FOLLOWED THE JUDGMENT OF THE APEX COURT IN CIT VS B IJLI COTTON MILLS (P) LTD (1979) 116 ITR 60 (SC). 6. REFERRING TO THE BANK ACCOUNT, THE LD.REPRESENTA TIVE SUBMITTED THAT THE CREDIT ENTRY ON 01-10-2003 IS RS.2,93,343. IT IS A TRANSFER FROM THE DIOCESE OF ADOOR TO THE CHURCH. IN VIEW OF THE AB OVE, ACCORDING TO THE LD.REPRESENTATIVE, THE ASSESSING OFFICER IS NOT JUS TIFIED IN REOPENING THE ASSESSMENT U/S 147 OF THE ACT. 8 ITA NO.278 TO 281/COCH/2014 7. REFERRING TO THE JUDGMENT OF THE APEX COURT IN R ADHASOAMI SATSANG (SUPRA), THE LD.REPRESENTATIVE SUBMITTED THAT IN SU CH CIRCUMSTANCES REOPENING OF THE ASSESSMENT WAS NOT JUSTIFIED. THE LD.REPRESENTATIVE HAS ALSO REFERRED TO THE ADMINISTRATION OF THE CHURCH A S FOUND IN THE CONSTITUTION OF MARTHOMA SYRIAN CHURCH OF MALABAR. 8. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS ON EITH ER SIDE AND ALSO PERUSED THE MATERIAL AVAILABLE ON RECORD. THE ONLY ISSUE ARISES FOR CONSIDERATION IS WHETHER DEPOSIT MADE IN THE BANK A CCOUNT WHICH STANDS IN THE NAME OF THE ASSESSEE IS THE INCOME OF THE ASSES SEE OR IT IS 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 AVA ILABLE: ALL MOVABLE AND IMMOVABLE PROPERTIES, ASSETS, BANK DEPOSITS AND INVESTMENTS, WHETHER PRESENTLY HELD BY ME OR CO MING TO BE HELD BY ME HEREAFTER, OTHER THAN MY PATRIMONY AN D SO ALSO ANY PART-INTERESTS BECOMING VESTED IN ME, IN ANY AS SETS OR 9 ITA NO.278 TO 281/COCH/2014 INVESTMENTS, OTHER THAN MY PATRIMONY, AFTER MY INDU CTION INTO THIS POSITION, SHALL BELONG TO MAR THOMA SYRIAN CHU IRCH. THEREFORE, THE MOMENT HE EXECUTED THIS OATH OF AFFI RMATION ALL MOVABLE AND IMMOVABLE PROPERTIES, ASSETS, BANK DEPOSITS HEL D BY HIM ON THE DATE OF SUCH AFFIRMATION AND WHICH MAY GO INTO HIS POSSE SSION AT A LATER STAGE WOULD BELONG TO MARTHOMA SYRIAN CHURCH AND NOT TO H IM. WE ARE CONSCIOUS THAT THE CONSTITUTION OF MARTHOMA SYRIAN CHURCH OF MALABAR IS NOT A STATUTORY PROVISION. AT THE VERY SAME TIME, WHEN THE ASSESSEE WILLINGLY EXECUTED OATH OF AFFIRMATION IN FAVOUR OF THE CHURCH / RELIGIOUS INSTITUTION IT IS BINDING ON HIM AS A CONTRACT UNDE R THE INDIAN CONTRACT ACT. THE ASSESSEE CANNOT GO BEYOND HIS OATH OF AFFIRMATI ON EXECUTED ON THE DATE OF ASSUMING OF THE OFFICE OF BISHOP OR METROPO LITAN. IT IS NOT IN DISPUTE THAT DURING THE ASSESSMENT YEARS UNDER CONSIDERATIO N, THE ASSESSEE IS THE METROPOLITAN / BISHOP OF THE DIOCESE. THE OATH OF AFFIRMATION EXECUTED BY THE ASSESSEE CAN BE ENFORCED BY THE CHURCH / DIOCES E AGAINST THE ASSESSEE. THEREFORE, WHATEVER MOVABLE AND IMMOVABLE PROPERTIES, ASSETS, BANK DEPOSITS POSSESSED BY HIM WOULD AUTOMA TICALLY GO TO MARTHOMA SYRIAN CHURCH. HE CANNOT OWN ANYTHING EXC EPT HIS PATRIMONY. UNDER THE INDIAN CONTRACT ACT, THIS OATH OF AFFIRMA TION CAN BE ENFORCED AGAINST THE ASSESSEE BY THE CHURCH. THERFORE, THIS TRIBUNAL IS OF THE CONSIDERED OPINION THAT ALL LANDED PROPERTIES, BANK ACCOUNTS, ASSETS 10 ITA NO.278 TO 281/COCH/2014 POSSESSED BY THE ASSESSEE IN HIS INDIVIDUAL CAPACIT Y WOULD BE THE PROPERTY OF THE CHURCH. AS RIGHTLY SUBMITTED BY THE LD.REPR ESENTATIVE FOR THE ASSESSEE, THE MONEY RECEIVED BY THE ASSESSEE AS MET ROPOLITAN / BISHOP WOULD GO TO THE CHURCH BY WAY OF OVERRIDING TITLE. THEREFORE, NO PART OF THE INCOME WOULD ARISE OR ACCRUE TO THE ASSESSEE. 10. WE HAVE ALSO CAREFULLY GONE THROUGH THE FINDING RECORDED BY THE DISCIPLINARY COMMITTEE OF INSTITUTE OF CHARTERED AC COUNTANTS OF INDIA UNDER CHARTERED ACCOUNTANTS ACT, 1949. THE ALLEGATION W AS MADE BY ONE PROF. MATHEW C VARGHESE AGAINST THE CHARTERED ACCOUNTANT FOR SHOWING THE PROPERTY IN THE BALANCE-SHEET OF THE CHURCH WHICH S TANDS IN THE NAME OF THE PRESENT ASSESSEE. THE DISCIPLINARY COMMITTEE F OUND THAT THE LAND WAS PURCHASED FROM THE FUNDS OF THE CHURCH IN THE INDIV IDUAL NAME OF THE BISHOP. THE BUILDING AND LAND WAS DULY APPROVED BY THE HEADQUARTER IN THE YEAR 2006-07. THEREFORE, THE COMMITTEE FOUND T HAT THERE WAS NO PROFESSIONAL MISCONDUCT ON THE PART OF THE CHARTERE D ACCOUNTANT FOR SHOWING THE PROPERTY IN THE BALANCE-SHEET OF THE CH URCH. THIS FINDING OF THE DISCIPLINARY COMMITTEE WOULD GO TO SHOW THAT TH E CHURCH IS THE OWNER OF THE PROPERTY AS DISCLOSED IN THE BALANCE-SHEET EVEN THOUGH THE LANDS STANDS IN THE NAME OF THE ASSESSEE. 11 ITA NO.278 TO 281/COCH/2014 11. THE NEXT CONTENTION OF THE LD.DR IS THAT THE MO NEY DEPOSITED IN THE BANK ACCOUNT OF THE ASSESSEE WAS NOT ACCOUNTED IN T HE BOOKS OF ACCOUNT OF THE DIOCESE OR THE CHURCH. THE LD.REPRESENTATIV E CLAIMS THAT ALL THE MONIES DEPOSITED AND WITHDRAWN WAS ACCOUNTED IN THE DIOCESE OF ADOOR AND MARTHOMA SYRIAN CHURCH OF MALABAR. THE LD.DR S UBMITTED THAT THE MATTER NEEDS TO BE REMITTED BACK TO THE FILE OF THE ASSESSING OFFICER FOR VERIFICATION TO FIND OUT WHETHER THE MONEY WAS ACCO UNTED IN THE BOOKS OF ACCOUNT OF THE CHURCH OR DIOCESE. THIS TRIBUNAL IS OF THE CONSIDERED OPINION THE BANK ACCOUNT STANDS IN THE NAME OF THE ASSESSEE DOES NOT BELONG TO THE ASSESSEE IN HIS INDIVIDUAL CAPACITY A ND HE WAS HOLDING THE ACCOUNT IN HIS FIDUCIARY CAPACITY AS METROPOLITAN / BISHOP OF THE CHURCH. THEREFORE, ALL THE MONEY CREDITED IN THE BANK ACCOU NT 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 TH E BOOKS OF ACCOUNT OF THE CHURCH OR DIOCESE ADDITION COULD BE MADE ONLY I N THE HANDS OF THE CHURCH OR DIOCESE AND NOT IN THE HANDS OF THE INDIV IDUAL, WHO IS THE METROPOLITAN / BISHOP OF THE CHURCH. BY EXECUTING OATH OF AFFIRMATION UNDER THE CONSTITUTION OF MARTHOMA SYRIAN CHURCH OF MALAB AR, THE ASSESSEE RENOUNCED HIS ALL MOVABLE AND IMMOVABLE PROPERTIES, ASSETS, BANK DEPOSITS HELD BY HIM AND HE DOES NOT OWN ANYTHING E XCEPT HIS PATRIMONY. THEREFORE, THE PROPERTY / MONEY WHICH STANDS IN THE NAME OF THE ASSESSEE HAS TO BE CONSIDERED ONLY IN THE HANDS OF THE CHURC H, IF AT ALL AN ADDITION 12 ITA NO.278 TO 281/COCH/2014 HAS TO BE MADE. THERE CANNOT BE ANY ADDITION IN TH E HANDS OF THE PRESENT ASSESSEE. THIS TRIBUNAL IS OF THE CONSIDERED OPINI ON THAT THE CIT(A) HAS RIGHTLY DELETED THE ADDITION. THEREFORE, WE DO NOT SEE ANY REASON TO INTERFERE WITH THE ORDER OF THE LOWER AUTHORITY. A CCORDINGLY, THE ORDER OF CIT(A) IS CONFIRMED AND ALL THE APPEALS OF THE REVE NUE STAND DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 06 TH MARCH, 2015. SD/- SD/- (CHANDRA POOJARI) (N.R.S. GANESAN) ACCOUNTANT MEMBER JUDICIAL MEMBER COCHIN, DT : 06 TH MARCH, 2015 PK/- COPY TO: 1. THE ITO, WD.2, THIRUVALLA 2. MOST REV. DR. JOSEPH MARTHOMA, POOLATHEEN, THIRU VALLA 3. THE COMMISSIONER OF INCOME-TAX 4. THE COMMISSIONER OF INCOME-TAX(A)-V, KOCHI 5. THE DR (TRUE COPY) BY ORDER ASSTT. REGISTRAR, INCOME-TAX APPELLATE TRIBUNAL, COCHIN BENCH