TMI Blog2016 (10) TMI 780X X X X Extracts X X X X X X X X Extracts X X X X ..... uring the period relevant for the Assessment Year 2009-10 and the amount involved was considerable, the Assessing Officer has issued the notice of reopening also in relation to the assessment year 2009-10. On such ground, though the original assessment was framed without scrutiny, we are inclined to quash the notice of reopening in connection with Assessment Year 2009-10. When we come to the notice of reopening for the Assessment Year 2013-14, the situation is vastly different. This notice has been issued within a period of 4 years from the end of relevant assessment year. There is nothing on record to suggest that the issues referred to in the reasons recorded by the Assessing Officer came up for consideration during such scrutiny asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 27.12.2012. During the course of survey, a diary was found and the same was impounded as per Annexure-A- 1. In this diary various transactions related to sale of land have been recorded. The statement of Shri Vithalbhai Madavlal Patel, who is also one of the Director of the assessee company M/s.AVS Infracon Private Ltd. was recorded under oath, wherein he has accepted that, a plot of land bearing Survey No.809/2 at Vejalpur, Ahmedabad, was acquired by M/s.AVS Infracon Private Ltd. for a total consideration of ₹ 23,93,45,600/-, out of which ₹ 4,53,45,600/- has been paid through cheque and payment of ₹ 19,40,00,000/- has been paid in cash to Shri Jugaji Babaji Thakor, who is the owner of the land. 2. As per the regist ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al Civil Application No.13688 of 2016, the same petitioner has challenged another notice dated 29.3.2016 seeking to reopen the petitioner's assessment for the Assessment Year 2013-14. The original assessment in this case was framed after scrutiny. The Assessing Officer had recorded the following reasons : The reasons for re-opening of assessment for the A.Y.2013-14 is furnished as under: The information provided by the Deputy Commissioner of income tax, Gandhinagar Circle, Gandhinagar vide office letter No.DCIT/GNR/AVSIPL/Info/2015-16 dated 21.3.2016, reveals that a survey action u/s.133A of the Act was carried out in the cases of Shri Mukesh Vithalbhai Patel at Plot No.588, Sector-22, Gandhinagar on 27.12.2012. During the cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i Vithalbhai Patel, one of the Directors of M/s.AVS Infracon Private Ltd., that thepayment of Rs,18,00,00,000/- has been made in cash to Shri Jugaji Babaji Thakor, owner of the land on behalf of M/s.AVS Infracon Private Ltd. out of its unaccounted income, there is a clear case of escapement of income of ₹ 18,00,00,000/- for the A.Y.2013-14 in the case of M/s.AVS Infracon Private Ltd. 4. On the basis of above mentioned fact, I have reason to believe that there is an escapement of income of more than ₹ 1.00 lac for the A.Y.2009-10 in the case of the above assessee and the case is therefore, required to be reopened u/s.147 of the IT Act by way of issuing notice u/s.148 of the IT Act. 4. It can thus be seen that identical rea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t year. There is nothing on record to suggest that the issues referred to in the reasons recorded by the Assessing Officer came up for consideration during such scrutiny assessment. It is not even the case of the petitioner that any addition on such count would be based on change of opinion. Learned counsel for the petitioner, however, submitted that same amount has been added in the hands of the Director of the company despite resistance from such Director. However, these are the issues which must be gone into at the time of assessment proceedings. When we find that there is prima facie material to enable the Assessing Officer to form a belief that the income chargeable to tax had escaped assessment, we are not inclined to quash the notice ..... X X X X Extracts X X X X X X X X Extracts X X X X
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