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TMI Blog2013 (1) TMI 544X X X X Extracts X X X X X X X X Extracts X X X X ..... tion was disposed of by an order dated 05.04.2012 passed by the Division Bench of this Court directing the petitioner to subscribe to the procedure prescribed in G.K.N. Driveshaft (India) Ltd. v. ITO: (2003) 259 ITR 19 (SC). However, while disposing of the writ petition the parties were granted liberty to approach the Court if required. 3. Thereafter, the petitioner preferred its objections to the said notice and also filed its return of income. The respondent No.3 considered the objections and rejected the same by a speaking order dated 03.08.2012. The petitioner, being aggrieved by the said order dated 03.08.2012, has filed the present writ petition challenging both the notice dated 30.08.2011 and also the order dated 03.08.2012. 4. The purported reasons for issuing the notice under section 148 and for reopening the assessments under section 147 of the said Act in respect of the assessment year 2007-08 were as under: - "Reasons for issuing notice u/s 148 of the Act in the case of M/s. Pardeshi Developers & Infrastructure Pvt. Ltd. For the A.Y. 2007-08 Assessment u/s 143(3) of the Income Tax Act, 1961 was completed in this case at an income of Rs.1,25,350/- on 30.12.200 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the details of which are mentioned above. Therefore, the assessee has deliberately furnished wrong facts at the time of filing of return and subsequently during the course of assessment proceedings completed u/s 143(3) on 30.12.2009, and by way of that concealed true particulars of its income. In view of the above, I have reasons to believe that an amount of Rs.1,35,00,000/- has escaped from the assessment for the A.Y. 2007-08 which was chargeable to tax. I am also satisfied that on account of failure on the part of the assessee to disclose truly and fully all the material facts necessary for assessment for the above assessment year, the income chargeable to tax to the tune of Rs.1,35,00,000/- has escaped assessment with the meaning of Section 147 of the I.T. Act 1961. Since assessment u/s 143(3) of the IT Act has been completed in this case for the assessment year 2007-08 on 30.12.2009, the reasons recorded above for the purpose of reopening assessment is put up (sic) kind satisfaction of Addl. Commissioner of Income Tax Range-14, New Delhi in terms of the proviso to sec 151(1) of the Income Tax Act, 1961." 5. From the above it can be seen that the main allegation against the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 28.04.2009, a copy of a letter dated 31.03.2009 issued by the Addl. Director of Income Tax (Investigation) Unit, CR Building, New Delhi was also circulated. That letter was on the subject of list of beneficiaries of accommodation entries provided by Shri Tarun Goyal. The said letter dated 31.03.2009 reads as under: - "Office of the Additional Director of Income-tax (Investigation)-Unit-IV, ARA Centre, E-2, Jhandewalan Extension, New Delhi - 110055 Ph: 23515123, Fax: 23629014 CONFIDENTIAL F. No.Addl. DIT (Inv.)/Unit-IV/Beneficiaries/2008-09/393 Dated-31/03/2009 To, The Commissioner of Income-tax, Delhi-V, C.R. Building, New Delhi. Sir, Sub: List of beneficiaries of accommodation entries provided by Sh. Tarun Goyal, C.A., 13/34, WEA, Arya Samaj Road, Karol Bagh, New Delhi-reg- A search u/s 132 of the Income-tax Act, 1961 was conducted at the office premises of Shri Tarun Goyal, Chartered Accountant at 13/34, WEA, Arya Samaj Road, Karol Bagh, New Delhi by the Investigation Wing on 15.09.2008. Sh. Tarun Goyal created a number of private limited companies and firms for providing accommodation entries. The directors of these companies were his employees w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eved from the computers/ laptop of Shri Tarun Goyal. h. Shri Tarun Goyal has given letters for the release of bank accounts of companies put under restraint after search. No such application was received from the so called directors of the companies. i. Shri Tarun Goyal appears in all the scrutiny assessments as well as appeals of his companies himself before various income-tax authorities. From verification carried out in respective wards/circles where the above mentioned companies are assessed, it is evident that Sh. Tarun Goyal is appearing in all the income tax proceedings on behalf of all the companies. He is also not charging any fees for appearing in these cases. Order to determine the extent of deviant activities of Sh. Tarun Goyal letters were also written to various government agencies. From these letters it was revealed that besides, aiding and abetting the evasion of taxes, he has been indulging in violation of various other provisions of the law of the land. Letters to various government agencies have also been written to various government agencies like Registrar of companies, Service tax Department, Economic Offences Wing (Delhi Police), Enforcement Directo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of beneficiaries was also annexed as Annexure-II (Colly.). Thus, it is an admitted position that the said information had been circulated to all the assessing officers on 30.04.2009 which included the assessing officer of the petitioner. In other words, the assessing officer of the petitioner had received the said information with regard to the alleged accommodation-entry providing companies namely M/s Bhavani Portfolio Pvt.Ltd., M/s Deep Sea Drilling Pvt. Ltd., M/s Taurus Iron & Steel Co. Pvt. Ltd., M/s Tejasvi Investments Pvt. Ltd. and M/s Thar Steels Pvt. Ltd. Thereafter, on 09.11.2009 the petitioner furnished a reply to the earlier questionnaire which had been issued on 18.02.2009. In that reply, the petitioner gave details of share capital raised by the petitioner. Those details included the sums received from the aforesaid alleged accommodation entry providers. Alongwith the said reply dated 09.11.2009, confirmations from the said parties were also furnished. 10. A similar reply was again furnished on 27.11.2009. Despite the furnishing of these details, the assessing officer, in order to further verify and confirm the said facts, issued notices under section 133(6) of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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