TaxTMI 
TaxTMI 
2018 (9) TMI 405
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....ecording of reasons and assessment framed on the basis of such reason cannot be termed as a valid assessment without appreciating the fact that the reasons recorded by the AO reveals that sufficient material and information was in his possession. 2. That the ld. CIT(A) has erred in law and on facts in annulling the assessment made by the AO under section 147/143(3) for A.Y. 2007-08 by holding that the date of transaction 03.03.2006 mentioned in the reasons recorded does not fail in the assessment year 2007-08 without appreciating the fact that date of payment of donation / capitation fee was 03.06.2006 relevant to assessment year 2007-08 and due to typographical mistake while typing the reasons, the same was typed as 03.03.2006. ....
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....t having the particulars of any income prior to record his satisfaction, that any income chargeable to tax has ever escaped assessment to charge tax as contained u/s 147 of the Income Tax Act 1961. 3. That the Assessing Officer has erred in law and to the facts of the case, that the Annexure-l of the Statement of Dr. P. Mahalingam was ever signed by the daughter of the appellant assessee." 3. C.O. No.1 is dealt with first, as it involves a jurisdictional legal issue going to the root of the matter, not requiring any fresh material to be gone into. 4. As per C.O. No.1, the order passed by the AO u/s 147/143(3) of the IT Act is bad in law, since the provisions of section 153C were not invoked against the assessee. The facts are....
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....(1)/2013-14/304 dated 19.03.2014 regarding donation/capitation fee paid over and above the regular course fees to Santosh Medical College, Ghaziabad for AY 2007-08. By Shri Kamlesh Kumar Yadav for MBBS course on 03.06.2006 amounting to Rs. 21 lakhs. The fees so paid to the Santosh Group of institution of which a search and seizure action u/s 132 of the income Tax Act, 1961, was carried out on 27.06.2013 during which certain documents / books of accounts were seized from the main administrative block of the college. From the receipts it was revealed that the said institution was charging donation/capitation fees over and above the regular course fees from the students. When the same was confronted to the Chairman of the Trust Dr. P. Mahaling....
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....47 of the Act on the basis of information received based on material qua the assessee, found in the search on the Santosh Group of Institutions, Ghaziabad. 9. The proposition canvassed by the assessee is that as per the provisions of section 153C of the IT Act, persons relating to whom some material is found in the search of some other person, should be assessed u/s 153C of the Act and the AO in the present case has erred in invoking the provisions of section 147 of the Act. 10. In 'Sushil Gaur and Shelly Agarwal', (supra) this proposition has been accepted. Therein, the facts attending were, mutatis mutandis, identical with those of the present case. Sushil Gaur (supra) relies on 'ACIT vs. Arun Kapur', 140 TTJ 249 (Asr) and 'Rajat Sh....