2019 (3) TMI 585

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..... house in his father's name at Raypur in 2007 and a plot of four and half acres at Goa in 2005. When it is thus established that the assessee was engaged in the activity of ensuring admissions of students in educational institutions by paying illegal capitation fees and when it is further established that such payments made during two relevant assessment years came close to 2906.30 lakhs, the only question remains to be decided would be as to what would be the assessee's earning out of such dealings by way of his commission. In absence of the assessee bringing on record any material to enable the revenue authorities to estimate the same with any degree of accuracy, the revenue was left with no choice but to estimate the same on the basi .....

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..... see was engaged in the activity of securing admissions for students in various academic institutions upon payment of capitation fees in cash. The seized diaries contained various entries of payments allegedly made by the assessee to various educational institutions for such purpose. During search operation the assessee was confronted with the entries in the diaries. The assessee admitted several important aspects including the factum of payments made as suggested in the diary and that the assessee was not maintaining any books of account where such transactions were recorded. 3. The assessing officer during post search inquiries, sent several notices to the assessee and called for various details such as full name and address of the stud .....

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..... % of the total turn over. It may be that the Tribunal had adopted 25% commission for one year and 20% for another. However, that by itself would not have the order of the Tribunal wrong. Looking to the evidence on record, particularly the nature of investments made by the assessee in purchase of several immovable properties noted below around the same time, the fact that the assessee evaded sizable unaccounted income from such activities cannot disputed. 6. For variety of reasons we do not find any question of law arises. Firstly the entire issue as noted is fact based. The findings of the three authorities are concurrent. We find that the additions are not based merely on the entries contained in the diaries collected from the assessee .....

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