Looking for precedence and decided case law

Tax queries 346 views 1 replies

My Son Joined Santosh Medical College as PG Dtudent in 2007 April, and passed out in May 2010. In 2013 the Trust running the college , devloped intenal disputes and one Group arrnged for an IT raid. In the raid some Cash ws seized , which Chairman of the Trust /VC of College, by that time University , declared as undeclared income. He further stated that the uncaaconted cash came from donations received from Students and Parents for admission. In support he produced a register showing name . address and Tel no of students and Parents and donation amount with date. Now IT Department has issued notice and orderd penalty/Tax /Inteest on undisclosed Income s to the students /prents per the Register entry seized by them. 

I as Parent were unware of such regiter or record till we got a notice from IT Dept.Since no donation was paid, and admission being on the basis of written exminatoion, and student havimg passed out long time back  we have nothing to submit to disprove the claim. But IT Dept also does not have ny thing except the register and written remark of Chairman that this amounts are donations from stucent /parent whose name is recored on that page. 

Is any CA contesting this type of  case in Appeal in Delhi. What are the considered views? 

Replies (1)

The key issue here is can the IT dept move against you based on evidence seized in another proceeding? The basic answer is yes. However, youcan always lead evidence that you have not paid any donation more that for what you hav been issued receipt. Yes, your difficulty that noproof etc areavailable now are genuine. But If you had paid fees etc as cheque, you can pull out bank statements however old they are and produce the same as proof. If your case is that the college is cooking up proof to substatiate its claim of other income, then you needto move in that direction. But if you have really paid then you have to fight based on the records which have beenexchanged between you and the college.


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Related Threads
Loading