Income Tax News: Relief for doctor in case of donation of 95 lakhs for admission, know what is the matter – relief for doctor in notice over 95 lakh capitation fees itat quashed case against him

Income Tax News: Relief for doctor in case of donation of 95 lakhs for admission, know what is the matter – relief for doctor in notice over 95 lakh capitation fees itat quashed case against him

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New Delhi: The Income Tax Appellate Tribunal (ITAT) has given a major relief to a Mumbai-based doctor in the matter of alleged donation of Rs 95 lakh. The doctor was accused of donating Rs 95 lakh for his daughter’s admission in a medical college. IT officials sent a notice to the doctor asking him to explain the source of this amount. On this amount the doctor would have to pay 60% income tax. By levying surcharge, cess and penalty, this amount could have gone above 80 per cent. But ITAT dismissed the case against him. The tribunal observed that the doctor was charged only on the ground that some scribbled notes were found during the raid on the college. In this case, the doctor had filed IT returns for the financial year 2013-14 and declared his total income as Rs 64.7 lakh. His case was selected under the Computer Assisted Scrutiny Selection (CASS) mechanism. IT officials received information from another unit of the department that the doctor had donated Rs 95 lakh to the Sinhgad Technical Education Society for the admission of his daughter. After this the IT officials asked the doctor the source of this expenditure.

A show cause notice was also issued to the doctor in this regard. It said why Rs 95 lakh should not be included in his total income. The doctor said that he had paid only Rs 5.5 lakh tuition fee through HDFC Bank cheque. During the raid on the medical college some hand written notes from the dean were found. Also, this payment was mentioned in an appraisal report as well. The Commissioner (Appeals) upheld the action of the IT officials. The doctor appealed against this in the tribunal.

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what the tribunal said

ITAT said that this case is completely different from the other case that came before the Supreme Court. In this case, the managing trustees of the college informed the IT officials about the donation made by the students. The tribunal said that in this case only the note made in haste has been made the basis. There is no oral or documentary evidence to prove the allegations of donation. The tribunal, while giving relief to the doctor, dismissed the case against him.

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