9911796707
TMI Blog2018 (9) TMI 405X X X X Extracts X X X X X X X X Extracts X X X X ..... n the present case, admittedly, the assessee, with regard to whom incriminating material was found and seized, as per the reasons recorded u/s 147 in the assessee’s case, from which material, it came out that a sum of 21 lac had been paid by the assessee on 03.03.2006 to Santosh Medical College, Ghaziabad, a part of the Santosh Group of Insititutions, Ghaziabad, on whom, a search was conducted on 27.06.2013, and since the assessee was not assessed u/s 153C of the Act, which provision specifically excludes the operation of section 147 of the Act, the AO erred in invoking the provisions of section 147 of the Act instead of those of section 153C, thereby illegally rendering the provisions of section 153C as redundant. Thus the reasons recorded ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Act without appreciating the fact that payment of capitation fee by the assessee was mentioned in Annexure-1 of statement of Dr. P Mahalingam on which signature of daughter of the assessee Ms. Deepti Yadav can be seen. 4. That the ld. CIT(A) has erred in law and on fact in deleting the addition of ₹ 10,00,000/- made by the AO for payment of regular fee ignoring payment details of regular and capitation fee i.e. annexure -1 of statement of Dr. P. Mahalingam on which the signature of daughter of the assessee can be seen. 5. That the ld. CIT(A) has erred in law and in fact in ignoring the fact that if the AO was not in possession of the information on the date of issue of notice then how could he record the exact reasons as given ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee had paid a capitation fee of ₹ 21 lacs to Santosh Medical College, Ghaziabad, for admission of his daughter. On the basis of this information, the AO reopened the assessee's completed assessment and passed order on 18.03.2015 under sections 147/143(3) of the Act. 5. The ld. Counsel for the assessee has placed reliance on 'Sushil Gaur and Shelly Agarwal Vs. ITO', order dated 08.08.2017, passed by the SMC Bench of the Delhi (Trib.) in ITA 1500 & 1501/Del/2017. The ld. DR, per contra, relies on 'CIT vs. Sinhgad Technical Educational Society', judgment of the Hon'ble Supreme Court, passed on 29.08.2017 in Civil Appeal No.11080 of 2017, 'Gudwill Housing Ltd. vs. ITO', 45 taxmann.com 144 (Karn), 'Asstt. CIT vs. Shri Vidit Kum ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment of Dr. P. Mahalingam recorded u/s 132(4) of the Income Tax Act, 1961, during the search operation, it is ample clear that as the fees paid in cash, the same was unaccounted money in the hands of Shri Kamlesh Kumar Yadav. In view of the above, I have reason to believe that the income amounting to ₹ 21 lakhs of the assessee has escaped assessment for A.Y. 2007-08 in respect of unaccounted money which was not disclosed before the department. Accordingly, to bring this income as well as other income under the purview of taxation, it is necessary to issue notice u/s 148. Notice u/s 148 of the Income Tax Act, 1961 is being issued with the prior approval of the ld. JCIT, Range-5, Firozabad." 7. Thus, as available from the reason ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al Society' (supra), nor 'Gudwill Housing Ltd.' (supra), nor 'Vidit Kumar Agarwal' (supra), nor even 'Honda Motor India Pvt. Ltd.' (supra) deals with the issue at hand. 11. Therefore, respectfully following 'Sushil Gaur' (supra) and 'Arun Kapur' (supra) and 'Rajat Shubra Chatterji' (supra), I hold that since in the present case, admittedly, the assessee, with regard to whom incriminating material was found and seized, as per the reasons recorded u/s 147 of the Act in the assessee's case, from which material, it came out that a sum of ₹ 21 lac had been paid by the assessee on 03.03.2006 to Santosh Medical College, Ghaziabad, a part of the Santosh Group of Insititutions, Ghaziabad, on whom, a search was conducted on 27.06.2013, and sin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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