TaxTMI 
TaxTMI 
2011 (1) TMI 867
X X X X Extracts X X X X
X X X X Extracts X X X X
.... C.N. Ramachandran Nair, J:- 1. The connected departmental appeals filed against the orders of the Tribunal pertain to the Income-tax assessments of three assessees and one against penalty under section 271(1)(c) of the Income-tax Act, 1961 (for short 'the Act') against one of the very same assessees for the assessment year 2000-01. 2. We have heard Standing Counsel appearing for ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....urce. Based on the documents seized and the consistent statement recorded by the employees, though later retracted by them, assessments were made which were confirmed in first appeal. However, in second appeal, the assessees/ Doctors produced the assessment of the hospital completed at Mumbai. Based on this assessment order, the Tribunal has cancelled the additions in the assessments and also the ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ared to verify the records and statements recorded in the course of survey for the purpose of completion of assessment of the hospital. Strangely, the Assessing Officer in Mumbai has accepted the statement furnished by the authorised representative of the hospital without verifying its correctness with reference to accounts or seized documents. What is stated by the Assessing Officer at Mumbai is ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....rchase of surgical consumables in the name of Doctors, who are not even Surgeons. Strangely, the Assessing Officer at Mumbai accepted all the contentions of the hospital treating the authorised representative's statement as gospel truth. In any case, we do not find any justification for the Tribunal to interfere with the assessment orders confirmed in appeal merely based on the finding of the Asse....