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2016 (6) TMI 135 - ALLAHABAD HIGH COURT

2016 (6) TMI 135 - ALLAHABAD HIGH COURT - [2016] 387 ITR 119 - Reopening of assessment - reason 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 - Held that:- The facts 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 h .....

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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 Classess PRSS", seeks the quashing of the proceedings that have been initiated against the pe .....

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nd loss account had declared that the total fees received from students was ₹ 33,95,000/-, ₹ 38,79,800/- and ₹ 43,12,075/- respectively. It also transpires that on 9 September 2010, the Assistant Commissioner, Central Excise and Service Tax Division, Gorakhpur conducted a search at the premises of the petitioner and recorded statements. A demand-cum-show cause notice dated 18 October 2013 was issued by the Commissioner, Customs, Central Excise and Service Tax, Allahabad as to w .....

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tioner 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 ma .....

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,68,35,425/- respectively. The Assessing Officer, therefore, recorded that he had reason to believe that the aforesaid income had escaped assessment within the meaning of Section 147 of the Act. The petitioner filed objections to the re-opening of the assessment which were rejected by the order dated 3 May 2016. Learned counsel for the petitioner has submitted that the requirement of Section 147 of the Act for assumption of jurisdiction was not satisfied as absolutely vague reasons have been ind .....

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