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TMI Blog2023 (5) TMI 684X X X X Extracts X X X X X X X X Extracts X X X X ..... u/s 133A of the Act may be a relevant material but in the absence of further materials to substantiate it, the statement recorded u/s 133A of the Act could not be the basis for making addition. Considering the totality of the aforesaid facts, we are of the view that the AO was not justified in making the addition. We therefore direct its deletion. Thus the ground of assessee is allowed. - ITA No. 5228/Del/2019 - - - Dated:- 31-3-2023 - SH. ANIL CHATURVEDI, ACCOUNTANT MEMBER AND SH. NARENDER KUMAR CHOUDHRY, JUDICIAL MEMBER Assessee by Shri Navin Gupta, Adv. Revenue by Shri Arvind Bansal, Sr. D.R. ORDER PER ANIL CHATURVEDI, AM: This appeal filed by the assessee is directed against the order dated 22.04.2019 p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed assessment order categorical finding has been recorded that tuition fee are recorded in regular books of account 2) That on the facts, in the circumstances of the case and under law Learned Commissioner of Income Tax (Appeals) and Assessing Officer erred in not allowing the benefit of annual charges at Rs.1,46,000/- under S. 11/12 of the Act. 3) That on the facts, in the circumstances of the case and under law Leamed Commissioner of Income Tax (Appeals) ought to have quashed the impugned assessment order passed under S. 144 of the Act because Learned Assessing Officer has not invoked provisions of S. 145(3) of the Act. 4) That tax has wrongly been charged and wrongly worked out on income assessed at MMR of 30% 5) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e carried the matter before CIT(A). Before CIT(A) assessee challenged the addition made by AO and to support its contentions made the submissions. The submissions made by the assessee was not found acceptable to CIT(A). He accordingly upheld the addition made by AO. Aggrieved by the order of CIT(A), assessee is now before Tribunal. 7. Before us, Learned AR reiterated the submissions made before AO and CIT(A) and further submitted that Assessing Officer had made addition of Rs.1,46,000/- by holding that fee was charged at Rs.2500/- from each students but was accounted at Rs.2000/- from each students. He submitted that during the course of proceedings before the authorities, assessee had furnished the class wise list of old and new student ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uthorities but we find there is no finding of the authorities on the evidences furnished by the assessee to demonstrate the contention of the assessee being wrong. We find that the addition has been made on the basis of the statement of the accounted recorded u/s 133A of the Act. It is a settled law that statement recorded during the survey operation u/s 133A of the Act may be a relevant material but in the absence of further materials to substantiate it, the statement recorded u/s 133A of the Act could not be the basis for making addition. Considering the totality of the aforesaid facts, we are of the view that the AO was not justified in making the addition. We therefore direct its deletion. Thus the ground of assessee is allowed. 10. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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