TaxTMI 
TaxTMI 
2015 (1) TMI 1524
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....ding the action of the AO regarding rejection of books of account under section 145(3) of the Income Tax Act, 1961, ignoring the fact that the assessee has furnished inaccurate particulars and could not substantiate its claim backed by any documentary evidence as mentioned in the assessment order, in view of the numerous deficiencies pointed out by the AO. 2. In the facts and circumstances of the case, Ld. CIT(A) has erred in deleting the addition of Rs. 46,00,150/- made on account of unaccounted receipts, by not appreciating the fact that tests for hepatitis B, C and HIV profiling are only done in the case of patients undergoing surgery, and the assessee failed to maintain any stock particulars regarding the medicines used during ....
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.... that operation fee is exclusive of medicines, dressing and anesthesia. (iv) The A.O. contends that the services of only one anesthesia has been availed during the year who has been paid Rs. 1,80,000/- during the whole year which is too low. The A.O., therefore, assumed that the assessee is getting services of another anesthesia also. (v) The A.O. contends that the assessee has not maintained the case register and inventory has per Rule - 6F of the Income Tax Rules as nature of service rendered is not mentioned in the register or bill. The A.O., therefore, proposed to reject the books of accounts u/s 145(3) of Income Tax Act, 1961. 3. The assessee submitted a detailed reply during the assessment proceedings which has al....
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....Regarding consumption of medicine, it is submitted that due to typographical erred inclusive has been typed as excusive at page No. 1 S.no. 3 in the letter dated 11.02.2011. The medicines purchased have been consumed during lab tests/surgical operation/indoor stay of patients. Further, the ratio of medicine receipts is actually 22.04% which is comparable with preceding years. (iv) As regards the observation of the A.O. that the cost of medicine used in the operation is anywhere between 400 and 600, the appellant wondered as to how the figures have been arrived at as the appellant has only stated the names of medicines etc. without quantifying the same. (v) As regards the of services of anesthetist is concerned, the appella....
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....at principle of 5 in res-judicate is not applicable in tax proceedings. The Assessing Officer, therefore, concluded that 80% of 980 patients who have undergone lab tests needed surgery and applied gross receipts @ Rs. 10,000/- per operation. Assessing Officer arrived at the figure of Rs. 78,40,000/- as against the gross receipt of the assessee in place of Rs. 32,39,815/- shown by the assessee and computed the income at Rs. 46,00,150/- and made addition accordingly. 4. The assessee challenged the addition before the learned CIT (Appeals) and detailed written submissions filed which are noted in the impugned order, in which the assessee has refuted all the allegations of the Assessing Officer and contended that there were no basis to rejec....
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....ot have been operated upon. The A.O. has made certain statements that the lab receipt to indoor receipt ratio should be 5% to 10% without any supporting evidence. The A.O. further assumed that services of another Anesthetist has been availed by the appellant but failed to being any evidence on record in this connection. On the other hand, the appellant has submitted a detailed reply during the assessment proceeding also covering and explaining the various issues raised by the A.O. The appellant has submitted that the books of a/c are duly audited and all bills and vouchers are duly produced before the A.O. and in fact the same are apparently impounded also. No defect is found in the books of accounts. In my opinion, therefore, the ....