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2015 (12) TMI 977 - PUNJAB AND HARYANA HIGH COURT

2015 (12) TMI 977 - PUNJAB AND HARYANA HIGH COURT - [2016] 388 ITR 469 - Undisclosed sources and the nature of credit entries mentioned in the UTI Bank Account - Held that:- Addition of ₹ 1.20 crores was made to the total income of the assessee for the period under consideration. The assessee filed revision petition before the CIT(C). It was inter alia recorded by the CIT(C) that the assessee was offered proper opportunity to give address of Pritam Singh and thereafter was also asked to pr .....

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l MOU and compromise deeds and other such documents. He had expressed his inability to produce the originals. - The assessee had failed to produce sufficient material either before the Assessing Officer or CIT(C) in revisional proceedings on the basis thereof a finding of fact could have been returned in favour of the petitioner. The factual matrix was required to be established by producing material evidence in that regard before the assessing authority or the revisional authority. The lear .....

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on of India as there is no jurisdictional error in the order of the assessing authority or the CIT(C). - Decided against assessee - CWP No.21295 of 2014 - Dated:- 29-10-2015 - MR. AJAY KUMAR MITTAL AND MR. SHEKHAR DHAWAN, JJ. For The Petitioner : Mr. Pankaj Jain,Sr. Advocate with Mr. Divya Suri, Mr. Sachin Bhardwaj and Mr. Deepanshu Jain,Advocate For The Respondent : Mr. Rajesh Katoch, Advocate, Mr. Manpreet S.Sawhney, Advocate, Mr. Umang K.Khosla, Advocate, Ms. Pridhi Jaswinder Sandhu, Advocate .....

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apur, Tehsil Derabassi, Mohali. An agreement was entered amongst West Point Properties Pvt. Limited, New Delhi dated 27.2.2006, Annexure P.1 through Harish Bhasin, Director and second party namely S.S.Empires Pvt. Limited, Pritam Singh and Harjinder Kaur etc. for the purchase of 50 acres agricultural land at Village Rampur Kalan Tehsil Derabassi, District Mohali at the rate of ₹ 15.25 lacs per acre. An amount of ₹ 75 lacs was transferred by West Point Properties Pvt. Limited on 19.4. .....

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ging as mutually agreed the said purchase of 50 acres of land. The payment for consideration was received on 3.8.2006 from Rajwant Singh son of Joginder Singh, Mohali through cheque No.4226 and credited in petitioner's saving account No.30201010009591. Out of the amount of ₹ 75 lacs, the said Pritam Singh transferred the same amount from his Axis Bank Account number to the petitioner's account in Axis Bank bearing No.30201010009591. The petitioner having received the aforesaid amou .....

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TI Bank account. Subsequently, the petitioner had withdrawn on 22.4.2006 an amount of ₹ 44.90 lacs for the same object as was received from Pritam Singh being bank to bank transfer. Action of search under section 132 of the Act was undertaken on 10.8.2006 on various companies and individuals whereby the petitioner was covered under Section 132A of the Act. The Axis Bank account of the petitioner was closed on 12.8.2006 since the same was containing none other transactions except the afores .....

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ed to Deputy Commissioner of Income Tax Central Circle I, Chandigarh through order dated 20.3.2007 passed under Section 127 of the Act being effective from 20.3.2007 and thereafter, notice under Section 142(1) of the Act was issued on 10.10.2007 to the petitioner asking the details qua the aforesaid transactions on 4.12.2008 of Pritam Singh. The petitioner is engaged in the business of property consultation and as a commission agent in and around the area of District Mohali. The return of income .....

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of the Act read with section 153A of the Act dated 30.12.2008, Annexure P.4 and penalty proceedings under Section 271(1)(c) of the Act were also initiated. In pursuance to the order dated 30.12.2008, penalty amounting to ₹ 40,48,400/- was levied vide order dated 30.6.2009, Annexure P.5. The petitioner filed a revision petition dated 29.1.2009 before CIT(Central) against the order dated 30.12.2008 which was dismissed on 31.3.2010, Annexure P.6. The appeal dated 29.7.2009 filed by the petiti .....

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ed 7.8.2014. The information was refused by DCIT on 12.8.2014. The petitioner filed appeal under the Right to Information Act, 2005 before the appellate authority on 26.8.2014. Having received no response, the instant writ petition has been filed by the petitioner. 3. We have heard learned counsel for the parties. 4. Learned counsel for the petitioner primarily submitted that to determine the bonafide and the real income of the assessee, the case be referred back to the revisional authority or t .....

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on of ₹ 1.20 crores was made to the total income of the assessee for the period under consideration. The assessee filed revision petition before the CIT(C). It was inter alia recorded by the CIT(C) that the assessee was offered proper opportunity to give address of Pritam Singh and thereafter was also asked to produce Pritam Singh for recording his statement but the assessee failed to discharge his liability. He also did not disclose his bank account No.30210100009591. The money was receiv .....

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e the Assessing Officer or CIT(C) in revisional proceedings on the basis thereof a finding of fact could have been returned in favour of the petitioner. The factual matrix was required to be established by producing material evidence in that regard before the assessing authority or the revisional authority. The learned counsel for the petitioner was unable to give any one good or sufficient reason which prevented him to produce material evidence in support of his version either before the Assess .....

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s evident that disputed questions of fact are involved herein. It would, thus, not be appropriate in writ jurisdiction to adjudicate the same. Examining the scope of writ jurisdiction under Article 226 of the Constitution of India where disputed questions of facts are involved, a Division Bench of this Court in N.C.Mahendra v. Haryana State Electricity Board and others, AIR 1984 Punjab 26 had laid down that ordinarily a writ would not issue in favour of a person where disputed questions of facts .....

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tling him to relief, (iv) where the interest of justice do not require that relief should be granted, (v) where the petitioner raises a disputed question of fact, (vi) where the grant of writ would be futile, and (vii) where the impugned law has not come into force. It would follow from the above that the grant or refusal of a writ is within the judicial discretion of the Court and that indeed is the line which divides the extra ordinary remedy from the ordinary one by of a civil suit. (Emphasis .....

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