2016 (5) TMI 584

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....ctfully begs to submit : (1) The learned Income-tax Officer has erred in law as well as on fact of the case in : (a) Passed order under section 144 read with section 147. (b) Added income of Rs. 18,00,000 (c) Levying tax and interest under section 234A and 234B of Rs. 12,68,692 (2) That the findings of the learned Income-tax Officer are erroneous and are utter disregard of fact and circumstances and materials produced and on record given submission to the hon'ble Commissioner of Income-tax and the learned Income-tax Officer as such question of addition of income and levying tax and interest under section 234A and 234B of Rs. 12,68,692 does not arise. (3) That the learned Income-tax O....

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....up of college and it was noted that a sum of Rs. 18,00,000 was paid as donation/capitation fee by Smt. Huseina F. Dawoodi for admission of her son in MBBS course in the said M/s. Ramrao Adik Education Society. On the strength of the evidences collected by the Investigation Wing and information passed on to the Assessing Officer, a satisfaction was recorded and the case of the assessee was reopened under section 147 of the Act. The assessee explained that she had not given any money/capitation to the institution as has been alleged by the Department. However, the Assessing Officer (hereinafter referred to as "the AO") did not agree with the submissions of the assessee and held that the assessee had failed to furnish explanation/ source in re....

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....d in the diary entries maintained by the account clerk of the institute, no other evidence had been found to show that the assessee had ever made any payment in cash to the institution. The Tribunal, therefore, held that in the absence of any material placed on the record, there was no basis for making the impugned addition. Similarly, in the case of ITO v. Dr. Radhakishan Ramjivan Bhootra, (I. T. A. No. 3203/Ahd/2008) for the assessment year 2000-01, the Ahmedabad Bench of the Tribunal in identical facts relating to the same group of institute, has held that additions cannot be made on the basis of the diary entries only in the absence of any corroborative evidence and in that case the Tribunal upheld the finding of the learned Commissione....