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2008 (10) TMI 188 - HC - Income TaxIncome From Undisclosed Sources - The assessee (a nursing home) has on its panel as many as 36 visiting doctors who were specialists in various fields of medicine. The assessee had not accounted the fee collected by the specialists in its accounts. The assessee, explained that it is the practice of the nursing home that the visiting specialists collected their fee directly from the patients and it was not charged to the account of the nursing home anytime. The assessee also filed a joint statement of 36 visiting specialists, wherein all the visiting specialists have stated that they were collecting the fee from the patients directly and it was not charged to the accounts of the assessee – AO has not conducted inquiry to establish the truth of the joint statement - The technical insistence by the Assessing Officer that the assessee should have examined all the specialists is an untenable view. In the absence of contra material, the Assessing Officer cannot reject the genuineness and correctness of the statement. Question is answered in favour of assessee.
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