9911796707
TMI Blog2017 (1) TMI 111X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Income Tax Act, 1961 (the Act) vide order dated 31.1.2005 making assessment of total income at Rs. 88,32,200/- by making an addition of Rs. 27,91,810/-. The assessee is a medical practitioner in Gynee. A survey under section 133A of the Act was carried out on the premises of the assessee on 17.1.2002 and the assessee was found to have suppressed the fees as recorded in the books of accounts apparent from the receipts books on which lesser amounts were entered whereas on the reverse of each receipt more amount was stated tobe received. The AO during the course of assessment proceedings observed that the amount recorded in the books of account as per receipt book vis- a-vis compared to what has been mentioned on the reverse of each and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... um/13 (supra) to Rs. 7 lakhs. The ld. AR submitted that fees received from the patients could not be explained before the lower authorities as the matter is very old and it is not possible to produce them before the AO for inquiry. It was only in order to buy peace of mind, the it was prayed before the Bench to make reasonable addition on this account. The ld. AR finally submitted that the ld.CIT(A) has grossly erred in confirming he penalty at 100% of the tax sought to be evaded on the assessee for the reasons that no penalty could be imposed where the addition was made on estimation basis. Finally, the ld.AR prayed before the Tribunal the order by the ld.CIT(A) be set aside and direction be issued to the AO to delete the penalty as no pen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3)(a) of the Act. There was a difference between the amount mentioned in the back side of the receipt book and the books of accounts maintained by the assessee. The assessee explained that the inscription written on the back of the receipts indicates the total consolidated fees received from the patient for all the four entities, i.e. the assessee, her husband Dr. Aniruddha Malpani, Malpani Infertility Clinic and fourthly the anesthetists. It is the say of the assessee that there is no discrepancy in the amounts recorded at the back of receipt book and the amount recorded by all the four entities in their books of accounts which was offered for taxation. The assessee has submitted a detailed reconciliation chart which is placed in the file. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d see the difficulty of both the revenue as well the assessee to get confirmation/verification from all the patients now after a gap of 14-15 years as the patients are now not traceable/available. The assessee has come forward and expressed her desire not to go for further litigation and to settle the matter to end this protracted litigation by offering a concession that keeping in view the entire facts and circumstances reasonable disallowance be sustained by the Tribunal which will be accepted by the assessee to end this litigation. Nothing incriminating which is conclusively confirmed by Revenue is on record but there is no doubt possibility of leakage which can only be confirmed once patients confirmation/ verification are on record. We ..... X X X X Extracts X X X X X X X X Extracts X X X X
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