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2011 (1) TMI 867 - HC - Income TaxPenalty u/s 271(1)(c) - Assessees are specialist Doctors who are employed by a private hospital at Calicut - It is seen from the records and statements of the Managing Director and the employees engaged in handling of the cash that cash was collected and paid to the Doctors for the service rendered by them without including the same as income of the hospital and without treating the same as income of the Doctors for the purpose of deduction of tax at source - since income is not accounted and expenditure proved by the hospital, the same does not bar the assessment of the income at the hands of the assessees (doctors) if it is proved to be their income - Hence, the appeals setting aside all the impugned orders with a direction to the Tribunal to reconsider the appeals after verifying the records, particularly seized accounts and the statements recorded from the employees and the Managing Director and after going through the assessment and records of the hospital/company and after giving opportunity to the assessees and the Department.
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