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2016 (6) TMI 700 - GUJARAT HIGH COURT

2016 (6) TMI 700 - GUJARAT HIGH COURT - TMI - Reopening of assessment - reasons to believe - assessee had purchased two immovable properties - non disclosure of income - Held that:- AO's opinion that when assessee had purchased two properties at such sizable cost, he could not have shown income of only ₹ 2.44 lacs and conclusion that 'income to the extent of huge transaction of ₹ 1,16,35,500/- had escaped assessment for AY 2008-09 ' lacks logic. There is no direct corelation between .....

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.97 lacs, it is true that the same was not disclosed in the returns filed. The assessee had however, shown the sale in the earlier assessment year 2007-08. Such transaction was examined and duly taxed during such period. Apart from this, with respect to this transaction also the Assessing Officer has not recorded any reasons pointing out as to in what manner he formed a belief that the income chargeable to tax had escaped assessment. He merely stated that the assessee had indulged in transaction .....

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because the assessee failed to disclose the sale transaction would not by itself give authority to Assessing Officer to reopen the assessment. - Decided in favour of assessee - SPECIAL CIVIL APPLICATION NO. 994 of 2016 - Dated:- 13-6-2016 - MR. AKIL KURESHI AND MR. A.J. SHASTRI, JJ. FOR THE PETITIONER : MR B S SOPARKAR, ADVOCATE FOR THE RESPONDENT : MR SUDHIR M MEHTA, ADVOCATE ORAL ORDER (PER : HONOURABLE MR.JUSTICE AKIL KURESHI) 1. The petitioner has challenged a notice dated 27.03.2015 issued .....

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ounded off). 4. In the return of income, the assessee had disclosed purchases of two immovable properties made by him during the relevant previous year at a cost of ₹ 61.76 lacs (rounded off) and ₹ 54.59 lacs along with two other persons. The assessee however, had also sold an immovable property under a deed dated 19.07.2007 for sale consideration of ₹ 33.97 lacs (rounded off). He had not disclosed this sale in the return for the assessment year 2008-09, but, had done so in the .....

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rties valued at ₹ 61,76,500/- and ₹ 54,59,000/- with two other personas. Shri Jayeshbhai Govindbhai Balar had also sold the immovable property valued at ₹ 33,97,858/- , it is also found that the assessee has filed his return of income for A.Y. 2008-09 showing income ₹ 2,44,120/- where as the assessee indulged in transaction of purchase of two immovable properties valued at ₹ 61,76,500/- and ₹ 54,59,000/- and also in transaction of sale of the immovable propert .....

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sclose fully and truly all the material facts necessary in the return of income. Hence, notice u/s. 148 r.w.s. 147 of the I.T.Act 1961 is to be issued for the A.Y. 2008-09. I am therefore, Satisfied that this is a fit case for invoking the provisions of section 147 of the Income - Tax Act, 1961 for A.Y. 2008-09. 6. Learned counsel Shri Soparkar for the petitioner submitted that purchases of two immovable properties were duly reflected in the assesse's return. These transactions were noticed .....

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ngoing transaction, the petitioner had treated the effective sale falling within the assessment year 2007-08 and had accordingly declared the same in the return filed for the said year. The Assessing Officer had also examined the details of the sale. 8. On the other hand, learned counsel Shri Mehta for the department submitted that the assessee had not disclosed the sale of the immovable property made during the period relevant to the assessment year 2008-09 and had thus, not provided the correc .....

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on the part of the assessee to disclose truly and fully all material facts. 10. In this context, if we revert to the reasons recorded, they contain two elements. The assessee had purchased two immovable properties valued at ₹ 61.76 lacs and ₹ 54.59 lacs respectively, whereas, he had filed return disclosing income of ₹ 2.47 lacs only. The Assessing Officer was of the opinion that when assessee had purchased two properties at such sizable cost, he could not have shown income of o .....

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