TaxTMI 
TaxTMI 
2017 (4) TMI 1334
X X X X Extracts X X X X
X X X X Extracts X X X X
.... the assessment year 2008-09, claiming following substantial questions of law:- (i) "Whether under the facts and in the circumstances of the case, the lower authorities & ITAT have not committed illegality by passing the impugned orders? (ii) Whether under the facts and in the circumstances of the case, the impugned orders are not liable to be set aside? (iii) Whether under the facts and in the circumstances of the case, the Tribunal has not committed an illegality by wrongly appreciating the facts and legal aspects of present case?" (iv) Whether under the facts and in the circumstances of the case, the authorities below and ITAT have not committed error in taxing the amount thrice in the case of receipts relating to Rajee....
X X X X Extracts X X X X
X X X X Extracts X X X X
....iod including 01.04.2007 to 31.03.2008 and in all the receipts of the said receipt books, the word "Fusion" had been mentioned. The Assessing Officer confronted the assessee during the course of assessment proceedings that the receipts totalling Rs. 1,41,150/- had not been accounted for in the books of account of the assessee firm. The assessee submitted that these were the receipts in the hands of the partner Mr. Rajeev Khurana but could not explain that these were accounted for in the hands of the partner. Therefore, additions of these tuition fee receipts were made in the hands of the assessee firm. The assessee challenged the additions before the Commissioner of Income Tax (Appeals) [CIT(A)]. It was pleaded that Mr. Rajeev Khurana....
X X X X Extracts X X X X
X X X X Extracts X X X X
....rded by the Tribunal in its order dated 01.03.2016 that impounding of documents in the survey proceedings had not been disputed by the assessee. The contention of the assessee was that the receipts had been shown in the hands of the partners in their personal capacity. The premises from where the assessee firm was carrying out coaching classess was taken on rent. The address of the assessee firm was SCF-23, Phase-VII, Mohali. It was not disputed that the details mentioned in the seized paper were of the amount of fees received from the students which had not been accounted for in the books of the assessee firm. The assessee claimed that these receipts pertained to individual partner. The complete top floor was in the possession of the asses....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... firm carried on coaching business is taken on rent by the partner. The learned D.R., however, submitted that no specific details were furnished before the lower authorities. Therefore, the details submitted in the paper book are additional evidences in nature and may not be considered. The Assessing Officer has mentioned the details of the seized paper found during the course of survey from the premises of the assessee. The address of the assessee is SCF 23, Phase-VII, Mohali where the survey was conducted and certain incriminating documents were impounded. It is not in dispute that the details mentioned in seized paper were of the amounts of fees received from the students, which have not been accounted for in the books of the assessee fi....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ontroverted or rebutted through any evidence on record. I may also note here that during the survey proceedings, a diary marked A.5 was also impounded, which contains details of receipts/expenses amounting to Rs. 3,39,906/-. The assessee similarly explained that these expenses were incurred by the partner of the assessee firm in personal capacity, however, the assessee could not reconcile the same. Therefore, learned counsel for the assessee offered Rs. 1,00,000/- for taxation and no further appeal have been filed. These findings and material on record clearly support the findings of the authorities below that the impounded documents contained the amount of fees received by the assessee firm from the students and the assessee firm to the pa....