TMI Blog2014 (7) TMI 174X X X X Extracts X X X X X X X X Extracts X X X X ..... on of tax deduction at source would have become the subject matter of examination by the AO while assessing the Assessee's income during regular assessment. The particular reason for reopening of the Assessment has not been dealt with by the petitioner in its objection to the reasons for reopening the assessment for AY 2005-06 furnished - it cannot be concluded that the notice dated 29.3.2012 is without jurisdiction - there was failure on the part of the assessee to fully disclose all material facts necessary for assessment – the reopening of the assessment by notice dated 29.3.2012 as well as the order dated 25.10.2012 rejecting the objections need not be interfered – Decided against Assessee. - Writ Petition No. 200 of 2013 - - - Da ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll its DTC imports. It is a commission paid to procure DTC sights. However the same is accounted as cost of import purchase and merged in purchase figures. The said commission is paid to a foreign entity which as per its web-site has two agents in India, namely Amish Patel in Surat (mobile-9824100869 and email-patel. amp@gmail.com) and Parul Merchant in Mumbai (mobile 9833961333 and emailparul@ bonas.in). The said company also has its office at 503, Radhe Vallabh Society, Near Opera House, adjacent to French Bridge. The assessee doesn't have or has ever applied for certificate u/s. 197/197A of the Act. It is further seen that commission or brokerage paid on local purchase has not been added to the cost but has been booked separately in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... A) Outside India; or (B) in India to a non-resident, not being a company or to a foreign company. On which tax is deductible at source under Chapter XVII-B and such tax has not been deducted or, after deduction, has not been paid during the previous year, or in the subsequent year before the expiry of the time prescribed under sub-section (1) of section 200: . Therefore, I have reasons to believe that income chargeable to tax of ₹ 3,00,92,729/- has escaped assessment in the A.Y. 2005-06. (emphasis supplied) 4. The petitioner by letter dated 7.5.2012 filed its objections to the reasons and in particular submitted that the notice is without jurisdiction as there was no reason to believe that the income chargeable to tax has e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s.Bonas Company Ltd. had a permanent establishment (P.E.) in India. In fact at the hearing before us evidence annexed to the petition was relied upon to indicate that M/s.Bonas Marketing India (P) Ltd. having its office at Opera House, Mumbai was established after the Assessment Year 2005-06. It was also submitted that commission paid abroad was not shown separately but had merged as a part of total purchase cost of diamonds. 7. As against the above, Mr.Pinto, learned Counsel for the Revenue supports the impugned notice dated 29.3.2012 under Section 148 of the Act and order dated 25.10.2012 rejecting the petitioner's objection to reopening of the assessment for Assessment Year 2005-06. 8. There can be no dispute with the submiss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... articular reason for reopening of the Assessment has not been dealt with by the petitioner in its objection to the reasons for reopening the assessment for Assessment Year 2005-06 furnished to the petitioner. Therefore, at this stage it cannot be concluded that the impugned notice dated 29.3.2012 is without jurisdiction warranting interference of a writ Court. 9. We make it clear that our above view that the impugned notice dated 29.3.2012 is within jurisdiction is a prima facie view. The petitioner may have a complete answer to the reasons set out for reopening the assessment for Assessment Year 2005-06. However, we would exercise our writ jurisdiction to stall and/or quash reassessment proceedings under Section 147 and 148 of the Act o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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