TMI Blog2016 (6) TMI 135X X X X Extracts X X X X X X X X Extracts X X X X ..... tioner that proceedings under Section 147 of the Act should be kept in abeyance till the Customs Excise and Service Tax Appellate Tribunal decides the appeal cannot also be accepted. The petitioner would have to furnish requisite material information to the Assessing Officer in proceedings initiated under Section 147 of the Act. - Writ Tax No. - 455 of 2016 - - - Dated:- 23-5-2016 - Hon'ble Dilip Gupta And Hon'ble Ravindra Nath Kakkar, JJ. For the Petitioner : Parv Agarwal For the Respondent : C.S.C ORDER The petitioner, who claims to be engaged in providing commercial training and coaching classes to the aspirants of IIT, JEE, AIEEE, PMT and other competitive examinations under the name and style of M/s ABC C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nding. The Income Tax Assessing Officer issued three notices each dated 28 August 2015 to the petitioner that he had reason to believe that the income of the petitioner for the assessment years 2009-10, 2010-11 and 2011-12 respectively had escaped assessment and, accordingly, called upon the petitioner to furnish a return of income within one month. The reason for taking action under Section 147 of the Act is on account of the statements of the partners Rajnish Singh and Praveen Singh recorded during the search and during further investigation. It is on the basis of the statements and the material that the Excise Department worked out the year-wise taxable service/gross fee receipts. Accordingly, service tax demand of ₹ 55,51,706/- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... contention he has placed reliance upon the decision of the Supreme Court in Income Tax Officer Vs. Selected Dalurband Coal Co. Pvt. Ltd. [1996] 217 ITR 597 (SC). We have considered the submissions advanced by learned counsel for the parties. The reasons to believe recorded by the Assessing Officer are based on the information that was gathered by the Excise Department from the statements of the two partners of the firm during the search and the material found during further investigation. This, in our opinion, constitutes a relevant material for the purpose of invoking the provisions of Section 147 of the Act. At the stage of issue of notice, what has to be seen is whether there was relevant material upon which a reasonable person cou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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