2017 (2) TMI 580

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..... In-patient, Out-patient, Ultrasound registers and OP slips, books were found in M/s Laxmi Nursing Home. On verification, it was found that books were not maintained properly and certain Inpatient and Out-patient receipts were not accounted for. The total receipts received in FY 2008-09 were Rs. 17,00,000/- as under: Financial Year 2008-09: 1. In-patients receipts Rs. 9,00,000/- 2. Out-patients receipts Rs. 4,00,000/- 3. Ultrasound receipts Rs. 2,00,000/- 4. Pathology Rs. 1,00,000/- 5. Medical Shop Rs. 1,00,000/-   Total Rs. 17,00,000   On further enquiry, the assessee accepted Rs. 15,00,000/- in his name for AY 2009-10 and Rs. 2,00,000/- in the name of his wife Smt. Anila, who was proprietrix of medical shop ....

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....r it was also found that certain IP and OP receipts were not accounted. Thus, on questioning the same, the assessee had voluntarily admitted for the discrepancies and thereby offered additional income towards such variation which is totaling to Rs. 15,00,000/-. In view of the above observations, the AO held that it is amply evident that the assessee has not fully and truly furnished the information and it is clear that the assessee had concealed the income and furnished inaccurate particulars of income. Accordingly, he levied minimum penalty of Rs. 4,01,150/- u/s 271(1)(c) on the income of Rs. 15,00,000/-, on which tax sought to be evaded. 6. Aggrieved by the order of the AO, the assessee carried the matter in appeal before the CIT(A) and ....

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....ant crave leave to add to, delete, modify, alter, amend, substitute all or any of the above grounds." 9. The ld. AR of the assessee submitted that the assessee has filed return of income on 26/03/2010 as per the provisions of section 139(4) i.e. return filed voluntarily, but, within one year from the date of the end of AY. Further, he submitted that there was a survey conducted on 17/11/2009 in the premises of the Nursing Home M/s Laxmi Nursing Home at Mahabubabad, Warangal, which is run by the assessee. It is submitted that during the survey a statement was recorded from assessee, which is placed on record in the form of paper book by the assessee. He brought to our notice question No. 13 as per which the income of the assessee was estim....

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....Hon'ble Supreme Court in the case of Mac Data (P) Ltd. Vs. CIT (supra). 11. Considered the rival submissions and perused the material facts on record as well as the decisions cited. It is an admitted fact that the income declared by the assessee only after survey, therefore, it cannot be considered as voluntary disclosure by the assessee. The Revenue's contention is that, in case, the survey would have not been carried out at the premises of the assessee, he might have not made the voluntary disclosure of Rs. 15,00,000/-. However, when the assessee filed return of income of Rs. 15,95,462/- after the survey proceedings, the AO accepted the return u/s 143(3) of the Act. In this connection, we examine the case law relied upon by the ld. AR of....