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TMI Blog2019 (3) TMI 262X X X X Extracts X X X X X X X X Extracts X X X X ..... the validity of the reassessment proceedings in the other grounds. 3. Facts of the case, in brief, are that the assessee is an individual and a doctor by profession. He filed his return of income declaring an income of Rs. 1,42,160/-. On the basis of the information received from the DDIT (Inv.), Unit 5(1), New Delhi that the assessee has made cash payments of Rs. 21,01,000/- as donation/capitation fee over and above the regular course fee to Santosh Medical College, Ghaziabad for admission of his son, the Assessing Officer reopened the assessment u/s 147/148 of the IT Act. Subsequently, the Assessing Officer also issued notice u/s 143(2)/142(1) which was duly served on the assessee. The assessee, in response to the same, appeared before ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Shri Jain failed to substantiate the source to his satisfaction. Since the information regarding the assessee was received form the DDIT (Inv.) Unit, New Delhi, wherein Dr. P. Mahalingam in his statement recorded u/s 132(4) of the Act has admitted to have accepted capitation fee as unaccounted money from Shri S.K. Jain, f/o Shri Sandeep Jain and surrendered the same for taxation, the Assessing Officer made addition of Rs. 10,01,000/- to the income of the assessee as unexplained u/s 69A which pertained to this assessment year. The Assessing Officer, accordingly determined the total income at Rs. 11,43,160/-. In appeal, the ld.CIT(A) upheld the action of the Assessing Officer. Aggrieved with such order of the CIT(A), the assessee is in appea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing assessee's name. Relying on various decisions, he submitted that the reassessment proceedings initiated by the Assessing Officer are illegal and void ab initio. 6. The ld. DR, on the other hand, heavily relied on the orders of the Assessing Officer and CIT(A). 7. I have considered the rival arguments made by both the sides and perused the relevant material on record. I have also considered the various decisions cited before me. I find the son of the assessee Dr. Sandeep Jain who appeared before the Assessing Officer had categorically stated that whatever amount has been paid towards admission and donation/capitation fee has been paid by him. He and his wife are doctors since 1996 and have sufficient source to pay this amount. Therefor ..... X X X X Extracts X X X X X X X X Extracts X X X X
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