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2016 (10) TMI 780 - GUJARAT HIGH COURT

2016 (10) TMI 780 - GUJARAT HIGH COURT - TMI - Reopening of assessment - original assessment was accepted without scrutiny u/s 143(1) - registration of the property in subsequent year whereas the consideration was received many years before - Held that:- the attempt on the part of Assessing Officer to reopen the assessment for the Assessment Year 2009-10 was by way of abundant caution. Even the materials on record would prima facie suggest that the ground of payment and acceptance of on- money i .....

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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 assessment. It is not even the case of the petitioner that any addition on such count .....

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filed by the same assessee, namely, M/s.AVS Infracon Private Limited. In Special Civil Application No.13687 of 2016, the petitioner has challenged a notice dated 29.3.2016 seeking to reopen the petitioner's assessment for the Assessment Year 2009-10. The original assessment was accepted without scrutiny under Section 143(1) of the Income-tax Act,1961 (for short 'the Act'). To reopen such assessment, the Assessing Officer had recoded the following reasons : The reasons for re-opening .....

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iary 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 .....

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or the A.Y.2009-10. 3. Further, as per the notings found on the diary as per Annexure-A/1, impounded during the course of survey in the cases of Shri Mukesh & Vithalbhai Patel, in respect of the aforesaid transaction, payment of ₹ 18,00,00,000/- has been made in cash during the period between 18.9.2012 and 18.12.2012 and the balance amount of ₹ 1,40,00,000/- is payable. As admitted by Shri Vithalbhai Patel, one of the Directors of M/s.AVS Infracon Private Ltd., that thepayment of .....

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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. 3. In Special 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 furni .....

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f 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 ca .....

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notings found on the diary as per Annexure-A/1, impounded during the course of survey in the cases of Shri Mukesh & Vithalbhai Patel, in respect of the aforesaid transaction, payment of ₹ 18,00,00,000/- has been made in cash during the period between 18.9.2012 and 18.12.2012 and the balance amount of ₹ 1,40,00,000/- is payable. As admitted by Shri 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 .....

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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 reasons were recorded by the Assessing Officer for reopening the petitioner's assessments for the Assessment Year 2009-10 and Assessment Year 2013-14. Surely on same reasons, based on same transactions, it would not be permissible for the Assessing Officer to reopen the assessment for two different years unless of-course the transactions in question spanned over different financial years. .....

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