TMI Blog2017 (1) TMI 111X X X X Extracts X X X X X X X X Extracts X X X X ..... ee - ITA No. 103/Mum/2015 - - - Dated:- 28-12-2016 - Shri C. N. Prasad, JM And Shri Rajesh Kumar, AM Appellant by : Shri Hari Raheja Respondent by : Shri G Nantha Kumar ORDER Per Rajesh Kumar, A. M This is an appeal filed by the assessee challenging the order dated 10.11.2014 passed by the ld.CIT(A)-3, Mumbai for the assessment year 2002-03. 2. The issue raised in the various grounds of appeal is against the confirmation of penalty by the ld.CIT(A) as levied by the AO on the addition of ₹ 12,19,055/-. 3. Facts of the case in brief are that the assessment was framed under section 143(3) of the Income Tax Act, 1961 (the Act) vide order dated 31.1.2005 making assessment of total income at ₹ 88,32,200/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essee is in appeal before this Tribunal. 4. The ld. AR vehemently argued before us that it was a case of purely estimation of income of the assessee based on the amount mentioned on the back side of receipts issued to the patients by the assessee. The ld. AR submitted that this total amount charged from customers was the amount mentioned on the front of the receipts in lieu of the medical services rendered to the patients. The ld. AR brought the attention of the Bench that the addition which was made at ₹ 27,91,810/-by the AO was reduced to ₹ 12,19,055/- by the FAA and it was further reduced by the ITAT vide decision rendered in ITA No.7617/Mum/13 (supra) to ₹ 7 lakhs. The ld. AR submitted that fees received from the pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d it to ₹ 7 lakhs vide para 7 of the said decision which is reproduced below: 7. We have considered the rival contentions and also perused the material available on record. We find that the assessee is a Doctor specialized in treatment of infertility. A survey action was conducted u/s 133A of the Act by the Revenue in the premises of the assessee on 17-01-2002. No incriminating material were found and seized by the Revenue during the course of survey action. As per the details submitted during the course of assessment proceedings u/s 143(3) read with Section 143(2) of the Act, receipt book as were inventorised during survey operations were impounded by the AO u/s 131(3)(a) of the Act. There was a difference between the amount men ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vailable/traceable. The patients from whom confirmation was received confirmed the amount which is recorded in books of accounts by these four entities and nothing incriminating has come on record as their confirmation did not reflect any discrepancies in the amount paid by them and the amounts recorded in the books of accounts of these four entities. Rest of the patients are now not available/traceable despite efforts made by the assessee and the Revenue and virtually it has gone into realm of impossibility as the patients have either moved/changed addresses or were out of Mumbai/India and hence their present location is not traceable as around 14-15 years have elapsed. We could see the difficulty of both the revenue as well the assessee t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stice to both the parties , we confirm/sustain the addition to the tune of ₹ 7 lacs as undisclosed income in the hands of the assessee as against the addition of ₹ 12,19,055/- sustained by the ld. CIT(A). Thus, the assessee will get relief of addition of ₹ 5,19,055/- as undisclosed income as confirmed/sustained by the learned CIT(A) with the conditions that the assessee will deposit all due taxes and interest accrued thereon as per provisions of the Act on the additions sustained by us within 60 days of the receipt of this order. We order accordingly From the above stated facts, we observe that the income of the assessee was assessed purely on estimated basis which is further fortified by the fact that addition was re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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