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1 - 7 of 7 (0.21 seconds)The Gita Education Society, Delhi vs Ito, Exemption Ward, Ghaziabad on 22 May, 2019
9. We have heard the rival submissions and perused the
material available on record. The issue in the present ground is
with respect to the addition of Rs.1,46,000/-. It is the case of the
revenue that from 292 students who were studying in class 9 th
and 10th, Assessee had charged fees @ Rs.2500/- from each
student but had accounted for the fees at Rs.2000/- from each
student. To support the addition, AO had relied on the statement
of Hema Dang, Accountant of the Society. We find that to support
the assessee's contentions that the fee that has been charged to
have been accounted for and there is no unaccounted fee,
assessee had placed various details before the authorities but we
find there is no finding of the authorities on the evidences
furnished by the assessee to demonstrate the contention of the
assessee being wrong. We find that the addition has been made
on the basis of the statement of the accounted recorded u/s 133A
of the Act. It is a settled law that statement recorded during the
survey operation u/s 133A of the Act may be a relevant material
ITA No.5228//Del/2019
Lahoria Education Society vs. ITO(E)
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but in the absence of further materials to substantiate it, the
statement recorded u/s 133A of the Act could not be the basis for
making addition. Considering the totality of the aforesaid facts,
we are of the view that the AO was not justified in making the
addition. We therefore direct its deletion. Thus the ground of
assessee is allowed.
Section 144 in The Income Tax Act, 1961 [Entire Act]
The Income Tax Act, 1961
Section 12AA in The Income Tax Act, 1961 [Entire Act]
Section 11 in The Income Tax Act, 1961 [Entire Act]
Section 12 in The Income Tax Act, 1961 [Entire Act]
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