TMI Blog2017 (4) TMI 1334X X X X Extracts X X X X X X X X Extracts X X X X ..... ENT Ajay Kumar Mittal The appellant-assessee has filed the present appeal under Section 260A of the Income Tax Act, 1961 (in short, the Act ) against the order dated 01.03.2016, Annexure A.3, passed by the Income Tax Appellate Tribunal, Chandigarh Bench SMC , Chandigarh (in short, the Tribunal ) in ITA No. 59/CHD/2016, for the assessment year 2008-09, claiming following substantial questions of law:- (i) Whether under the facts and in the circumstances of the case, the lower authorities ITAT have not committed illegality by passing the impugned orders? (ii) Whether under the facts and in the circumstances of the case, the impugned orders are not liable to be set aside? (iii) Whether under the facts and in the circu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the individual, the word Fusion was also mentioned which was brand name of the individual coaching classes even prior to the constitution of the firm. During the course of survey, the department impounded the receipt books marked as Annexure A.2, with regard to Mr. Rajeev Khurana, Prop. M/s Khurana Institute for whole of the period including 01.04.2007 to 31.03.2008 and in all the receipts of the said receipt books, the word Fusion had been mentioned. The Assessing Officer confronted the assessee during the course of assessment proceedings that the receipts totalling ₹ 1,41,150/- had not been accounted for in the books of account of the assessee firm. The assessee submitted that these were the receipts in the hands of the partne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ure A.2, passed by the CIT(A) having been dismissed vide order dated 01.03.2016, Annexure A.3, the appellant-assessee is before this Court through the instant appeal. 3. We have heard the learned counsel for the appellant-assessee. 4. Concurrent findings have been recorded by the authorities below. It has been categorically recorded by the Tribunal in its order dated 01.03.2016 that impounding of documents in the survey proceedings had not been disputed by the assessee. The contention of the assessee was that the receipts had been shown in the hands of the partners in their personal capacity. The premises from where the assessee firm was carrying out coaching classess was taken on rent. The address of the assessee firm was SCF-23, Pha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erused the material on record. The impounding of documents as mentioned above in the survey proceedings have not been disputed by the assessee. The learned counsel for the assessee contended that these receipts have been shown in the hands of the partners in their personal capacity. He has also stated that the property where assessee firm carried on coaching business is taken on rent by the partner. The learned D.R., however, submitted that no specific details were furnished before the lower authorities. Therefore, the details submitted in the paper book are additional evidences in nature and may not be considered. The Assessing Officer has mentioned the details of the seized paper found during the course of survey from the premises of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es conducted by the assessee form. The Assessing Officer, therefore, held that the incomes from fees of students assessable in the hands of the firm were diverted to the partners. The findings of the Assessing Officer with regard to other additions were also same. The findings of fact recorded by the Assessing Officer have not been controverted or rebutted through any evidence on record. I may also note here that during the survey proceedings, a diary marked A.5 was also impounded, which contains details of receipts/expenses amounting to ₹ 3,39,906/-. The assessee similarly explained that these expenses were incurred by the partner of the assessee firm in personal capacity, however, the assessee could not reconcile the same. Therefore ..... X X X X Extracts X X X X X X X X Extracts X X X X
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