TMI Blog2013 (5) TMI 333X X X X Extracts X X X X X X X X Extracts X X X X ..... dealings. There is no material to connect the petitioner with Sri Jugual Kishore Soni to form an opinion that the income of the petitioner has escaped assessment. It is not the case of the Department that two purchasers to whom Rock Phosphate was allegedly supplied by Sri Jugual Kishore Soni through fake bills & assessee happens to have dealings had not purchased Rock Phosphate from any other person. The reasons recorded by the authority concerned has no nexus to form an opinion that the income of the petitioner has escaped assessment. In favour of assessee. - Writ Tax No.-1093 of 2001 - - - Dated:- 1-4-2013 - Prakash Krishna And Ram Surat Ram (Maurya),JJ. For the Petitioner : K. Agarwal,R. R. Kapoor, S. P. Gupta For the Respo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n is that the reasons recorded by the officer concerned are inadequate to form an opinion that the income of the petitioner has escaped assessment. A counter affidavit has been filed on behalf of the respondents wherein they have justified the very initiation of the proceeding under Section 148 of the Act. It appears that a survey was conducted on 7th October, 1999 in the premises of one Sri Jugul Kishore Soni by the officials of the Income-tax Department. During the course of survey, statement of Sri Jugul Kishore Soni was recorded. Sri Jugul Kishore Soni stated that he had issued fake bills relating to the supply of Rock Phosphate, which is raw material needed for manufacturing of Single Super Phosphate on which subsidy was provided b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hemicals 9. M/s. Industrial and Minerals and Chemicals through which they gave 'fake bills' of ' Rock phosphate' sales whereas in reality they had never supplied any such 'raw material' in the form of 'Rock phosphate' to the parties, so that they in turn could manufacture the so-called/alleged 'SSP'(Single Super Phosphate) and thereby claim the subsidy from the Govt. of India. So-much so, it was admitted that even fake Transport bills were fabricated/arranged to give it a facade of genuine transport, when in reality no such transport ever took place. Thus, as per statement on oath recorded u/s 131 of I.T. Act, 1961 on 7.10.99 of Shri Jugul Kishore Soni, the above modus operandi becomes clear. Also, as per report of the I.T.O. Shri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 61, by virtue of both false purchases of rock phosphate, false Transport bills and false manufacture of SSP and fake claim of subsidy." A bare perusal of the reasons reproduced above would show that the basis of re-assessment proceeding is the statement of Sri Jugual Kishore Soni. It is relevant to mention here that Sri Jugual Kishore Soni in his statement has not named the petitioner as one of the purchasers of Rock Phosphate from him. What has been stated by Sri Jugal Kishore Soni is that by issuing fake bills relating to the supply of Rock Phosphate to nine firms named therein, he had earned commission. Since the petitioner happens to have dealings with M/s. Raj Minerals and Chemicals and M/s. Nandini Enterprises whose names find place ..... X X X X Extracts X X X X X X X X Extracts X X X X
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