2019 (7) TMI 709

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.... Kishore Singh, Sr. Standing Counsel with Mr. Vipul Agrawal, Jr. Standing Counsel. O R D E R CM APPL. 30435/2019 (exemption) 1. Allowed, subject to all just exceptions. CM APPL. 30436/2019 (delay) 2. For the reasons explained in the application, the delay in re-filing the appeal is condoned and the applications are allowed. ITA 601/2019 and CM APPL. 30434/2019 (stay) 3. This a....

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....so accepted capitation fees. The complete working sheets indicating the capitation fees receipts student-wise for each financial year were also filed before the investigation wing. The name of the Assessee's son Dr.Jatin Bansal was found appearing at Sl.No.72. The capitation fee was shown as Rs. 23 lacs. 5. On the above basis, notice was issued to the Assessee under Section 148 of the Act on 23....

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....Bansal. He had no recollection of payment of any capitation fee. Further, out of the abovementioned Rs. 7.18 lacs, Rs. 3 lacs was stated to have been given by the grandfather of the present Appellant/Assessee and the remaining Rs. 4.18 lacs was withdrawn from the bank account of Shri Bhati. 8. Since no credible evidence explaining the source of Rs. 23 lacs paid as capitation fee was forthcoming....

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.... is unable to agree with the above submissions. The Court finds that the AO has taken pains to summon Shri Bhati, the father-in-law of the Assessee and record his statement. Unfortunately, the statement made by the Assessee's father-in-law was not helpful in explaining the source of payment of Rs. 23 lacs as capitation fees. Shri Bhati only explained the payment of Rs. 7.18 lacs as regular fees. W....