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2015 (1) TMI 244 - HC - Income TaxApplicability of provisions of section 145(2) – Validity of addition as suppressed income - Whether in the facts and circumstances of the case, and in light of the provisions of Section 145, the finding reached by the Tribunal in sustaining addition as suppressed income of the appellant is perverse, contrary to the evidence on record, ex facie illegal and such as no reasonable person could have reached – Held that:- The order of the Tribunal rejecting the appeals of the assessee cannot be sustained as the reasonings given by the Tribunal are not germane to the facts - The Tribunal has not appreciated the matter in its proper perspective and the invocation of Section 145(2) of the Act is without any basis - there is plethora of evidence brought out by the revenue authorities in support of the inference that the assessee has systematically indulged in suppression of operation receipts as well as consultation receipts from the patients for both the AY under appeal - This is clearly a case where provisions of Section 145(2) have been rightly invoked and estimate of professional income has been made by the AO by invoking the provisions of sec.145(2) – the Tribunal ought to have relied upon the findings of fact recorded by the CIT(A), which are based on specific evidence brought on record - as regards Payal Medical Stores is concerned, the assessee could not have been assessed u/s.145(2) - thus, the judgment of the Tribunal allowing the appeals filed by the Revenue deserves to be set aside and the orders passed by the CIT(A) in the respective appeals stand restored – Decided partly in favour of assessee.
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