TMI Blog2014 (12) TMI 840X X X X Extracts X X X X X X X X Extracts X X X X ..... mitted that the search and seizure operation was conducted at the premises of Bishan Chand Mukesh Kumar as well as in the supplementary affidavit dated 28.7.2008. Such assertions can only be considered, if it is brought on record by means of an amendment application, but, the assessee insisted in arguing the matter without bringing such facts on record -The original record indicates the satisfaction of the authority in issuing the notice - during the course of search in the firm M/s Bishan Chand Mukesh Kumar, Delhi it was found that the firm was providing bogus accommodation for purchase of jewellery on commission basis – assessee did not sell the jewellery to M/s Bishan Chand Manoj Kumar has not been disputed - assessee has admitted tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etitioner as well as his minor children also sold silver utensils and gold coins through one Bishan Chand Mukesh Kumar Saraf, Chandni Chowk, New Delhi. The sale proceeds were received through account payee cheques from Bishan Chand Mukesh Kumar. The said firm also issued a confirmation statement of such sale for the Financial Year 1997-98. For the assessment year 1998-99, the petitioner filed a return of Income Tax in his individual capacity showing his income at ₹ 5,19,420/- plus ₹ 70,000/- as an agriculture income. It is contended that the return was filed along with the copy of profit and loss account, balance sheet, TDS certificate and certificate of VDIS issued by the Commissioner of Income Tax, Bareilly. The said return wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hich action under Section 158-BC read with Section 158-BD of the Act has been initiated. On this basis, the present writ petition was filed contending that no search or seizure operation had taken place either at the residential or business premises of the petitioner nor any document was requisitioned under Section 132-A of the Act and, consequently, the notice issued under Section 158-BC read with Section 158-BD was wholly illegal and liable to be quashed. It was also contended that the search or seizure conducted at the premises of the firm M/s Bishan Chand Mukesh Kumar did not yield any useful material showing existence of undisclosed income and, consequently, the reasons to believe for issuing notice to the petitioner was not based o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed that based on the assessment order passed under Section 158-BD against M/s Bishan Chand Mukesh Kumar several documents were found against the petitioner which has led to the issuance of the impugned notice under Section 158-BD read with Section 158-BC, which notice is per-se illegal. These assertions, as stated aforesaid, has now been made for the first time at the stage of hearing of the petition. Such assertions has not been made anywhere in the pleadings. On the other hand, the petitioner has admitted in paragraph 37 of the writ petition that the search and seizure operation was conducted at the premises of Bishan Chand Mukesh Kumar as well as in the supplementary affidavit dated 28.7.2008. Consequently, we are unable to accept the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the writ petition, the petitioner has admitted that he and his minor children had sold silver utensils and gold coins to the firm M/s Bishan Chand Mukesh Kumar. In paragraph 13 of the writ petition, the petitioner has admitted that a statement of account was issued by the said firm to the petitioner. In the light of the aforesaid admission and the satisfaction recorded, we do not find any error in the issuance of a notice under Section 158-BD read with Section 158-BC of the Act. The learned senior counsel has not made any attempt to argue on the grounds mentioned in the writ petition. However, Section 158-BD of the Act clearly indicates that where the assessing officer is satisfied that any undisclosed income belongs to any person ..... X X X X Extracts X X X X X X X X Extracts X X X X
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