2025 (11) TMI 1479

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.... 1. The learned Commissioner of Income-tax (Appeals) order is erroneous in facts and law. 2. The order of the learned Commissioner of Income-tax (Appeals)erred in confirming the action of the assessing officer in issuing notice u/s 153C of the IT Act without any satisfaction note recorded in the case of M/s. Arihant Educational Society. 3. The learned Commissioner of Income-tax (Appeals) erred in upholding the assessment order an amount of Rs. 20,50,000/- without properly considering the facts and circumstances of the case and further erred in confirming the action of the assessing officer without giving proper justification is illegal, and arbitrary, and violative of the principles of natural justice. 4. The lea....

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....had taken admission in the college for the academic year 2011-12. As per the seized documents, the assessee had paid regular fee of Rs. 10,50,000/- and a donation of Rs. 29,50,000/- totaling Rs. 40,00,000/-. Based on this, the Learned Assessing Officer ("Ld. AO") issued notice to the assessee under section 153C of the Act on 27.03.2017. 4. During the assessment proceedings, the Ld. AO called upon the assessee to explain the source of the payment of Rs. 40,00,000/ -. After considering the submissions, the Ld. AO held that out of the total of Rs. 40,00,000/-, the assessee had paid Rs. 20,50,000/- during the year under consideration (AY 2012-13) and Rs. 19,50,000/- during the AY 2013-14. Being not satisfied with the explanation, the Ld. AO ....

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....similar case, based on the very same seized documents of Medical College, the Ld. AO made an addition in the hands of another assessee, Shri Venkata Satya Surya Sree Ranganadha Raju Alluri. However, this Tribunal (SMC deleted Bench) the addition in ITA No. 2070/Hyd/2018 for AY 2012-13 vide order dated 22.01.2020. In view of the above, the Ld. AR prayed that the addition of Rs.20,50,000/- be deleted. 8. Per contra, the Learned Departmental Representative ("Ld. DR") strongly relied upon the orders of the lower authorities. She submitted that the seized material clearly contained the name of the assessee, his son, and the details of fee and donation paid for admission in the medical college. Therefore, the seized material constitutes good e....

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.... as under: "7. There is a search and seizure carried on in the case of M/s. Arihant Educational Society where seized material was found to the extent of Rs. 30.00 lakhs. A statement of the cashier was recorded u/sec. 132(4) and accordingly issued notices to the assessee calling explanation in respect of cash payment made by the assessee relating to the admission of his son into P.G. medical course under management quota. The assessee categorically explained that he has not paid any amount over and above the fee as prescribed by the Government. However, the Assessing Officer not accepted the explanation of the assessee and based on the seized material and statement of the cashier, addition of Rs. 30.00 lakhs was made as unexplained ....