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TMI Blog2011 (1) TMI 867X X X X Extracts X X X X X X X X Extracts X X X X ..... ome - Hence, the appeals setting aside all the impugned orders with a direction to the Tribunal to reconsider the appeals after verifying the records, particularly seized accounts and the statements recorded from the employees and the Managing Director and after going through the assessment and records of the hospital/company and after giving opportunity to the assessees and the Department. - IT Appeal Nos. 820, 1009, 1144 and 1416 of 2009 - - - Dated:- 4-1-2011 - C.N. Ramachandran Nair, V.K. Mohanan, JJ. P.K.R. Menon and Jose Joseph for the Appellant Anil D. Nair and Nivedita A. Kamath for the Respondent JUDGEMENT C.N. Ramachandran Nair, J:- 1. The connected departmental appeals filed against the orders of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ied in the case of one Doctor. During hearing, a copy of the assessment order issued in the case of the hospital by the Assistant Commissioner of Income-tax at Mumbai was produced before us and we have gone through the same. The Tribunal's assumption that the income assessed in the hands of the assessees is treated as income of the hospital, in our view, is incorrect because the same is not disclosed in the assessment order. In fact, it is evident from the assessment order of the hospital itself that their accounts were unreliable. In fact, the return filed declaring loss of Rs. 81,725 was later revised by filing another return on 27-10-2002 declaring the income as 'nil'. Even though, revised return was rejected by the Assessing Officer at ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... find any justification for the Tribunal to interfere with the assessment orders confirmed in appeal merely based on the finding of the Assessing Officer at Mumbai in the case of hospital. In fact, the amounts assessed in the hands of the respondents/assessees are not found to be genuine expenditure by the Assessing Officer in the assessment of the hospital. Further, since income is not accounted and expenditure proved by the hospital, the same does not bar the assessment of the income at the hands of the respondents/assessees if it is proved to be their income. We are constrained to hold that the Assessing Officer, who completed the assessment of the hospital at Mumbai, did not do a responsible job because, without verifying the correctness ..... X X X X Extracts X X X X X X X X Extracts X X X X
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