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TMI Blog2015 (11) TMI 18X X X X Extracts X X X X X X X X Extracts X X X X ..... made in contravention of jurisdictional conditions stipulated u/s. 147 to section 151 of the Act. 2. That on the facts and in the circumstances of the case and in law, form RTI reply dated 17.6.2014, it is admitted by AO that reasons were not communicated to appellant before conclusion of assessment proceedings which goes to the root of the matter and vitiates the entire proceedings. 3. That on the facts and in the circumstances of the case and in law, from reasons stated in RTI reply dated 17.6.2014, it is manifest that same do not amount to reasonable belief and there is total lack of application of mind and tangible material. 4. That on the facts and in the circumstances of the case and in law, appellant has not been provided the opp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee. The locker contained cash amounting to Rs. 7,49,000/-, approx. 800 grams of gold jewellery and documents pertaining to three properties i.e. shop no. 5 in Maya Enclave, Plot No. B-45, Sitapuri, Dabri and House No. 7/143, Subhash Nagar. The assessee stated that these three properties were purchased by him in the years 2000, 1999 and 1998 respectively. As regards the gold jewellery, he stated that most of it was received by his wife Smt. Anju Dhawan at the time of their marriage. The assessee gave a statement dated 14.06.2006, recorded u/s. 161 of Cr.PC. by Sh. Rajiv Wahi, Inspector, CBI, SCR-II, New Delhi. In the above statement, the assessee stated that he had kept cash of Rs. 7,49,000/- in his bank locker no. 33 of SBl Branch Subhash ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... laimed that approx. 800 grams of jewellery found belonged to him and his wife. The AO issued letters uls. 133(6) to Sh. Sanjay Sharma and Sh. Jatinder Pal Singh, whose statements were recorded by the AO on 13.12.2010. Both Sh. Sanjay Sharma and Sh. Jatinder Pal Singh admitted that they had given cash of Rs. 2,50,000/- and Rs. 3,70,000/- to the assessee for business purposes, but both of them were not aware that this cash was kept in locker no. 33 with SBI, Subhash Nagar, New Delhi. The AO did not accept the explanations given by the assessee with regards to the cash found and added the amount of Rs. 7,49,000/- to the income of the assessee as undisclosed cash receipts and assessed the income at Rs. 8,73,920/- vide order dated 24.12.2010 pas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Ld. CIT(A) on the issue in dispute. 8. I have heard both the parties and perused the records. I find that the AO has recorded the reasons for belief that income has escaped assessment as under. The same is attached with the Paper Book filed by the assessee. "Reasons for the belief that income has escaped assessment: 1. An information has been received from CBI, New Delhi vide letter No. 3/6(a)2004 SCU/V/SCR.II/3015 dated 20.7.2007 that Shri Kamal Dhawan has kept the cash of Rs. 749,000/- and jewellery of 800 grams in locker No. 33, SBI, Subhash Nagar, New Delhi. 2. On the basis of above information and perusal of asstt. records, it is found that assessee has not shown any cash in hand nor in the books of accounts even he has not sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... attached. In case you wish to file an appeal against this order, you may file the same within thirty days from the receipt of this letter before the appellate Authority i.e. the Jt. CIT, Range-27, New Delhi at Room No. 1806, 18th floor, Pratyaksh Kar Bhawan, E- 2 Block, Dr. SPM Civic Centre, Minto Road, New Delhi - 110 002. Sd/- (Suresh Kumar) Central Public Information Officer & Income Tax Officer, Ward 27(2), New Delhi 9.1 From the above, I find considerable cogency in the assesse's counsel submission that was not given opportunity to rebut and confute the reopening and reasons recorded as per dictum of Apex Court in GKN Driveshafts (India) Ltd. vs. ITO [2003] 259 ITR 19 which nullifying entire proceedings. In this c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and recording of requisite satisfaction in respect of any such undisclosed income. After hearing both the parties on the issue in dispute as well as after going through the orders passed by the Revenue Authorities alongwith order dated 21.7.2011 passed by the Hon'ble Jurisdictional High Court in the case of Signature Hotels P. Ltd. vs. Income Tax Officer [2011] 338 ITR 0051 wherein the Hon'ble High Court has held matter as under:- "Held, allowing the petition, that the reassessment proceeding were initiated on the basis of information received from the Director of Income Tax (Investigation) that the petitioner had introduced money amounting to Rs. 5 lacs during the financial year 2002-03 as stated in the Annexure. According to the informa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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