Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2013 (11) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2013 (11) TMI 664 - HC - Income TaxPresumption u/s 292C of the Income tax act – Presumption to be supported by corroborative evidence – Cancellation of registration u/s 12A of the Income tax act - A search and seizure operation was carried out in the premises of the trust on 17.9.2010. During the course of search, certain documents were found which indicated that some receipt of cash against certain admission form number during the course of counseling by Gautam Budh Pravadhik University on 3.9.2010 to 5.9.2010 - Show cause notice was issued to the assessee on 18.3.2013. The Commissioner of Income Tax (Admn.) relied on the seized document, which was recovered from the main office of BMAS Engineering College, Agra from the seat of Shri Manish Gupta, the main counseller in the Admission Cell. The papers were found in torn position and rearranged by pasting - These papers give details of 31 students along with their registration numbers and date of receipt of money against their names. During post search proceedings Shri Y.K. Gupta the Director and Shri Pradeep Kumar Gupta were also confronted on 20.09.2010. Both of them gave evasive reply. They could not offer any comment on seized papers. Held that:- Seized documents appears to be the dumb documents and would not lead anywhere to prove the case of the Revenue Department. The same seized papers, therefore, are not admissible in evidence against the assessee, as also denied by the assessee. The presumption u/s. 292 C of the IT Act has been rebutted. No evidence of actual receipt of on money/ donations/ capitation fee is found in search. No incriminating evidence or corroborative evidence was found in search against the assessee to support that the seized papers pertained to the asessee to prove receipt of any on money by the assessee trust. No person from investigation wing examined any of the student or parents to prove the payment of on money. Even the recovered documents have not been sent to any hand writing expert for getting their opinion to prove their nexus with the assessee trust and to put liability upon the assessee. In the absence of any corroborative evidence against the assessee, therefore, following the same reasons for decision, cancellation of registration is not justified in this case - No evidence was found with regard to payment of any money to the assessee trust. The presumption under Section 292C of the Act was rebutted by denial of the assessee with no evidence of actual receipt of on money/ donation/ capitation fees was found in search. No incriminating evidence or corroborative evidence was found – Decided against the Revenue.
|