TMI Blog2014 (8) TMI 968X X X X Extracts X X X X X X X X Extracts X X X X ..... rmation. The said averments does substantially corroborate the contention of the petitioner that the documents seized by the CBI and the said documents were out of the control of the petitioner, when the best judgment assessment was made, which is within couple of days after annexure F. The conduct of the petitioner in not filing the appeal and filing a revision may be a technical lapse wrong legal advice. The counsel for the petitioner submits that the substantial documents were out of control of the petitioner at the time when the best judgment assessment was passed but now he has secured necessary documents from the CBI. He is in a position to file return and explain his income and also the income of his wife. The best judgment assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ouse. 3. The Income-tax assessing authority issued notice under section 148 of the Income-tax Act calling upon the petitioner to file the returns for the periods from 1996-97 to 2001-02. It appears that the CBI had shared some information with the Income-tax Officer (ITO), on the basis of the said information ; the notice under section 148 was issued. The petitioner, time and again, was seeking adjournments to file the returns and to produce necessary documents. The assessing authority did give sufficient opportunities by adjournments, yet the petitioner could not file the returns. Since the limitation time was running out, the assessing authority passed the best judgment assessment under section 147 of the Income-tax Act, 1961, for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to explain the income earned by his wife for the years in question. 6. The counsel for the Revenue submits that necessary opportunity was given. The wife of the petitioner being an assessee, the petitioner could have stated before the assessing authority about the above fact and the return filed by the wife could have been produced to convincingly explain the disproportionate income, which was found from the possession of the petitioner. 7. It is further stated that the petitioner did not avail of the opportunity of appeal, he went for shortcut in filing revision and even before the revision, no material was produced except pleading that he was denied proper opportunity. The said plea is untenable and contrary to the materials on rec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssment proceedings for the above mentioned assessment years in your case, i.e. Assessment years 1996-97, 1997-98, 1998-99, 1999-2000, 2000-01, 2001-02, certain facts have been gathered from the papers received from the CBI (seized by them from your house) in this office and which are relevant for assessments in your cases for the above mentioned assessment years. Since, there is no authentic documents to verify these information, you are given another opportunity to show cause why the amounts gathered from the informations received from the CBI should not be treated as your undisclosed investment/expenses/income/income from undisclosed sources as the case may be in the assessment for relevant assessment years. I am enclosing year wise fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l for the petitioner submits that the substantial documents were out of control of the petitioner at the time when the best judgment assessment was passed but now he has secured necessary documents from the CBI. He is in a position to file return and explain his income and also the income of his wife. 11. The best judgment assessment is set aside. It is just and proper that an opportunity should be given to the petitioner to file return to the assessing authority and assessment to be made on the merits. It is directed that the status quo order of seizure and seized articles shall be maintained subject to the result of the orders passed by the assessing authority. 12. Accordingly the writ petitions are partly allowed. The petitioner is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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