TMI Blog2021 (7) TMI 605X X X X Extracts X X X X X X X X Extracts X X X X ..... evenue and revenue had also issued form 3 in favour of Dr Jameel. As the tax liability on substantive basis have been settled by Dr Jameel, therefore the tax liability on protective basis, cannot stand or sustained in the eyes of law after the settlement of the tax liability on substantive basis in the hands of assessee, as the additions were made on protective basis in the hands of the assessee with a view to protect the interest of the revenue. Once the interest of the revenue is protected by way of settlement of the tax liability in the hands of the right person, there is no occasion to tax the assessee who had been assessed on protective basis. Additions in the hands of the assessee are required to be deleted. - ITA No. 201/Agr/201 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s not been properly served as per law. 2.4. Because in any view, the impugned assessment framed u/s. 144/147 is bad in law. 2.5. Because in any view, the impugned addition of ₹ 10,00,000/- deeming as income of the appellant for so called non submission of explanation of source of investment of so called expenditure in cash of ₹ 10,00,000/- for his admission in Rohilkhand Medical College (under the trust M/s. Rohilkhand Eductaion Charitable Trust) is grossly arbitrary, highly unjust, wrong illegal and against the peculiar facts and law of the case. 2.6. Because in any view, while making the impugned addition of ₹ 10,00,000/- nowhere it has been found or established that the appellant has paid any impugned a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rther our attention was drawn to the following paragraph of the order of the AO whereby the additions were made in the hands of the assessee, it was to the following effect: In view of the above the amount of the expenditure of ₹ 10,00,000/- is deemed to be the income of the assessee in this financial year relevant to assessment year 2009-10, and the same is hereby deemed to be income of the assessee on protective basis to protect the interest of revenue. 2. The AR for the assessee has submitted that the additions made in the hands of Dr. Ahmad Tariq Jameel, were settled by the said assessee in the VSV scheme of the revenue. He had also drawn our attention to form 3 issued by the Department in the case of Dr. Ahmad Tariq Ja ..... X X X X Extracts X X X X X X X X Extracts X X X X
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