Income Tax Appellate Tribunal - Pune
Shraddha Institute Of Career ... vs Assistant Commissioner Of Income Tax, ... on 21 April, 2023
IN THE INCOME TAX APPELLATE TRIBUNAL
SMC BENCH, PUNE
BEFORE SHRI R.S. SYAL, VICE PRESIDENT
आयकर अपील सं. /ITA No.352/PUN/2023
नधारण वष / Assessment Years : 2019-20
Shraddha Institute of Career Vs. ACIT,
Development Private Limited, Central Circle,
6, Near Recreation Hall, Kolhapur
Sutar Mala, Ichalkaranji,
Maharashtra - 416 115
PAN : AAQCS5593K
Appellant Respondent
Assessee by Shri Pramod Shingte
Revenue by Shri Ganesh B. Budruk
Date of hearing 20-04-2023
Date of pronouncement 21-04-2023
आदे श / ORDER
PER R.S. SYAL, VP:
This appeal by the assessee is directed against the order dated 15-03-2023 passed by the CIT(A)-11, Pune in relation to the assessment year 2019-20.
2. The only issue raised in this appeal is against the taxability of income offered during the course of survey u/s.115BBE of the Act.
3. Succinctly, the facts of the case are that the assessee was subjected to survey on 27-10-2018. During the course of survey proceedings, the assessee declared income in respect of under recording of receipts from coaching classes at Rs.2,25,000/- in 2 ITA No.352/PUN/2023 Shraddha Institute of Career Development Private Limited respect of investment in computers, which was offered for taxation at regular rate. The AO treated it as an income falling u/s 69 of the Act and hence charged it at a higher rate u/s 115BBE of the Act.
The CIT(A) affirmed the decision of the AO, against which the assessee has come up in appeal before the Tribunal.
4. Having heard the rival submissions and gone through the relevant material on record, it is seen that the assessee admitted during the course of survey that the income of Rs.2,25,000/- was "in respect of under recoding of receipts from coaching classes"
which was utilized for purchase of computers outside the books of account. In such circumstances, it becomes clear that such income falls u/s.69 of the Act as has been held by the AO. Section 115BBE of the Act states that where the total income of an assessee includes any income referred to, inter alia, in section 69, the income-tax shall be payable at such income @ 60%. Since the income offered by the assessee towards under recording of receipts and the consequential investment in computer falls within the domain of section 69, I hold that it was rightly taxed u/s.115BBE of the Act.3
ITA No.352/PUN/2023
Shraddha Institute of Career Development Private Limited
5. In the result, the appeal is dismissed.
Order pronounced in the Open Court on 21st April, 2023.
Sd/-
(R.S.SYAL) VICE PRESIDENT पुणे Pune; िदनां क Dated : 21st April, 2023 सतीश आदे श की ितिलिप अ े िषत/Copy of the Order is forwarded to:
1. अपीलाथ / The Appellant;
2. थ / The Respondent
3. The Pr.CIT(Central), Pune
4. DR, ITAT, 'SMC' Bench, Pune
5. गाड फाईल / Guard file.
आदे शानुसार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण ,पुणे / ITAT, Pune 4 ITA No.352/PUN/2023 Shraddha Institute of Career Development Private Limited Date
1. Draft dictated on 20-04-2023 Sr.PS
2. Draft placed before author 21-04-2023 Sr.PS
3. Draft proposed & placed before JM the second member
4. Draft discussed/approved by JM Second Member.
5. Approved Draft comes to the Sr.PS Sr.PS/PS
6. Kept for pronouncement on Sr.PS
7. Date of uploading order Sr.PS
8. File sent to the Bench Clerk Sr.PS
9. Date on which file goes to the Head Clerk
10. Date on which file goes to the A.R.
11. Date of dispatch of Order.
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