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2021 (10) TMI 23 - AT - Income TaxReopening of assessment u/s 147 - survey action u/s.133A conducted in the premises of Sarvajanik Janakalyan Parmarthik Nyas, Bhopal and some loose papers were impounded - on the basis of those loose paper, the AO issued notice u/s.148 and found amount in cash paid for the admission of his son in MBBS course - HELD THAT:- It is an admitted fact that during the course of survey, some loose papers were impounded and on the basis of same, it was gathered that some students have taken admission in MBBS course by giving donation. Out of those students, the name of the assessee’s son is appearing having paying ₹ 3,50,000/-. But the issue for consideration before us is, as to whether, the amount written in pencil and impounded from the third person, can be taken as basis for adding the amount to the income of the assessee. It is also noted in the orders of lower authorities that some students have admitted of giving donation for taking admission but in the case of the assessee, he has denied to give any donation for the admission of his son. Merely because some students/parents have admitted, that cannot be used against the assessee without any plausible materials - Decided in favour of assessee.
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