2026 (8) TMI 1786

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....Income Tax Act, 1961 (hereinafter referred to as 'the Act') has been preferred by the assessee against the common order dated 08.10.2009 passed by the Income Tax Appellate Tribunal, Agra Bench, Agra, in respect of Assessment Year 2004-05. The Tribunal, by the said order, decided the appeal filed by the Revenue as well as the cross-objection filed by the assessee. 3. The appellant is engaged in imparting coaching for admission to engineering and medical colleges. During search and survey proceedings, certain loose sheets and other documents relating to collection and refund of tuition fees were found. On the basis of the seized material, the Assessing Officer was not satisfied with the correctness and completeness of the books of account ....

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....enue submits that the books of account were rejected under Section 145(3) after considering the material found during the search and survey. It is submitted that unless the rejection of books is shown to be illegal, the challenge to the estimation of income and the amount of refund cannot be considered independently. It is further submitted that the findings recorded by the authorities are based on the material on record and do not call for interference under Section 260A of the Act. 7. We have considered the rival submissions and perused the record. 8. The first issue for consideration is whether the rejection of the books of account under Section 145(3) suffers from any legal infirmity. The other issues relating to estimation of inc....

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....tion made on the basis of the material before it. Once the books stood rejected, the determination of income and the extent to which the claim of refund could be accepted were matters of estimation. The mere possibility of a different computation does not give rise to a substantial question of law. 13. The submission that the Tribunal travelled beyond the grounds urged by the Revenue also does not merit acceptance. The Revenue had challenged the relief granted by the Commissioner (Appeals), while the assessee had filed a cross-objection against the part of the addition which was sustained. The issue relating to refund of fees and the relief granted in that regard was, therefore, before the Tribunal. 14. The reliance placed upon J.K. B....