2022 (12) TMI 1357

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....anated from the order of the ld. Dy. Commissioner of Income Tax, Central Circle-II, Jalandhar, (in brevity the AO) order passed u/s 153A r.w.s 144 and u/s 271(1) (c) of the Act. During appeal proceeding, the assessee took the amended grounds which are as follows: "1) Society gross receipts for the above mentioned assessment year are Rs.13403.48. So its income is exempted from Income Tax, as per provisions of section 10(23)(c)(iiiad) which state as follows:- Any university or other educational institution existing solely for educational purposes and not for purposes of profit if the aggregate annual receipts of such university or educational institution do not exceed the amount of annual receipts as may be prescribed. ....

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....ue a search was conducted in the director's premises of the assessee. The assessment was completed u/s 153A of the Act. On the other hand, the grievance of the assessee is that the assessee is an educational society and eligible deduction u/s 10(23C) (iiiad) of the Act. So, the addition was made by the revenue is not come under purview of taxable income. Further, preceding years the assessee's gross receipt is below Rs. 1 crore. During hearing the assessee submitted the year wise gross receipts which are as follows; A.Y. 2008-09 Gross Receipt amount to Rs.35,06,211/- A.Y. 2009-10 Gross Receipt amount to Rs.61,45,997/- The assessee's grievance is that no search was conducted in case of assessee. Only the survey was condu....

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.... tax. 5. The ld. CIT DR in argument verified the documents duly available in the records. But he was unable to show any documents before the bench whether the search was conducted against the assessee. So, there is no jurisdiction for revenue authorities to assess the assessee u/s 153A without conducting the search. In case of eligibility of deduction of tax u/s 10(23C)(iiiad) the ld. CIT-DR was remained silent. Even he was unable to show the name the assessee in Panchnama. 6. We considered the rival submission and perused the documents available in the records. In the entire proceeding, the revenue authority was unable to prove that the search was conducted against the assessee. In Panchnama, there is no assessee's name. The revenue ....