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Showing contexts for: 281B in Saint Kabir Educational Trust, , ... vs Department Of Income Tax on 7 March, 2012Matching Fragments
In the circumstances request was made to the C.I.T.Bathinda for provisional attachment of the bank account of the assessee and after receiving the permission on order u/s 281B was made on 22.12.2008. The assessee attended the proceedings through his counsel Sh. Anand Periwal, CA on 12.01.2009 and offered bank guarantee of Rs.10,00,000/-.Therefore, bank account was released on the basis of guarantee furnished by the assessee.
With all these efforts and pressure put on the assessee he finally filed the return of income on 31.03.2009 i.e. late by 20 months after the due date. The obvious inference was that assessee was manipulating his affairs and avoiding to furnish information so that no useful enquiry could be made in his case. The attitude of the assessee reveals that society is not existing for charitable purposes but for purpose to earn the profits.
7. We have heard the rival contentions and facts of the case. There was a survey under section 133A of the Act on the assessee on 13.12.2006. The assessee was issued notice under section 142(1) on 11.06.2008 to file the return of income. The assessee did not file the same inspite of attachment of the bank under section 281B on 22.12.2008, which was released on giving the bank guarantee. Ultimately, the assessee filed the return of income on 31st March, 2009 i.e. late by about 20 months after the due date. The assessee was not granted registration u/s 12AA of the Act and the assessee had applied for the registration u/s 10(23C)(vi) of the Act, which was not granted till the date of the assessment. The assessee did not furnish the details of the corpus fund amounting to Rs.31,81,489/- and also did not produce the details of the construction of the building. The assessee did not produce the details of the relationship of the members in particular Sh. Inderjit Singh, Sh. Gulabh Singh, Sh. J.S. Sidhu and Sh. Sukhwinder. Ultimately, from the details available with regard to the address and father/husband's name, it was presumed by the A.O. that the assessee is carrying on the business of running Education Institution by three groups, as mentioned in the assessment order.