TMI Blog2008 (9) TMI 972X X X X Extracts X X X X X X X X Extracts X X X X ..... ition the order dated 14.03.2007 as per Annexure-K and the order dated 1.12.2005 as per Annexure-D passed by the order dated 1.12.2005 as per Annexure-D passed by the 2 nd respondent in respect of the assessment year 2003-2004 as being arbitrary and illegal and consequentially for setting aside this same and directing the authorities to make a fresh assessment. 2. The petitioner is a Company r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The revision petition after contest came to be dismissed upholding the order of assessment. Aggrieved by the same, the present writ petition is filed. 3. The learned counsel for the petitioner assailing the impugned order urged two grounds before me, firstly that huge additions were made in the assessment based on the concession or consent given by Sri Mohammed Shariff, Chartered Accountant who ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... him before the Assessing Officer, but it is not in dispute that the assessee had executed a power of attorney in favour of Mohammed Shariff to represent him before the Commissioner of Income Tax. Both the authorities have not proceeded solely on the basis of so-called consent or admission. Independently also, they have examined and found that the petitioner had not disclosed the income. It is at t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns application were prepared and signed by none other than the top man in the management of the assessee. The crop loan accounts in the Bank was operated by the same person. In the records of the said estate owners, his bank transaction is not reflected. In-fact though all those account holders are also income tax assessees, the returns did not disclose the payment of the aforesaid amount to the a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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