Law:

Section:

I. Section 147 of the Income-tax Act, 1961 - Income escaping assessment - Non disclosure of primary facts - Assessment years 1991-92 to 1993-94 - Where from seized material, it was found that assessee had additional income from private tuitions which he had not been declaring in return of income, Assessing Officer was justified in initiating reassessment proceedings and making addition [In favour of revenue] The assessee was a lecturer. During search at his premises certain incriminating material was found which depicted that the assessee was engaged in imparting tuition to students for consideration and was not disclosing the income therefrom to the department. On that basis the Assessing Officer initiated reassessment proceedings and made addition. The appellate authorities upheld the addition. Held that the Tribunal on appreciation of material on record by relying upon document seized during search and seizure at the premises of the assessee had concluded that the assessee had undisclosed income from tuition work and the additions to the extent noticed in the order on that account was justified. II. Section 147 of the Income-tax Act, 1961 - Income escaping assessment - Assessment years 1991-92 to 1993-94 - Where material found during search at assessee's premises depicted that assessee was engaged in imparting tuition to students for consideration and was not disclosing income therefrom to department, Assessing Officer was justified in initiating reassessment proceedings [In favour of revenue] The assessee was a lecturer. During search at his premises certain incriminating documents were found which depicted that he was engaged in imparting tuition to students for consideration and was not disclosing the income therefrom to the department. On that basis, the Assessing Officer reopened assessments for relevant assessment years and made additions to assessee's income. In appeal, the assessee challenged validity of reassessment proceedings. The Tribunal held the reassessment proceedings to be justified. Held that the Tribunal was, thus, right in upholding the reassessment proceedings to be valid. JUDGMENT Ajay Kumar Mittal, J.-This order will dispose of…

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