2017 (1) TMI 1295

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..... dent, in these facts, is not required to file his return of income in view of Section 115G of the Act. Similarly, the other factors viz: expenditure of ₹ 90,000/paid to Trade Mark Registry is explained in the objections being the withdrawal by the wife of the Petitioner from the joint account, an amount of ₹ 1.67 lakhs paid to C.A. was on account of professional services received and payment of ₹ 10.84 lakhs to insurance company was on account of car insurance. The payment of ₹ 2 lakhs to M/s. Sunny Vista Realtors Pvt. Ltd. does not establish, prima facie, any business connection of the Petitioner in India as it was, according to Petitioner, for booking of house to be constructed. None of these, prima facie, taken in .....

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..... ge withdrawal for his personal expenses, therefore the withdrawn funds were utilized for acquiring interest/assets in India. Consequently, the Petitioner has business interest in India. The reasons further records the fact that the Petitioner had paid ₹ 2 lakhs to M/s. Sunny Vista Realtors Pvt. Ltd., and state that he was at sometime a Director of M/s. Sunny Vista Realtors Pvt. Ltd. without recording the dates. Further, the reasons recorded refer to the payment of ₹ 90,000 being made to the Registrar of Trade Marks, ₹ 10.84 lakhs to Insurance Company and ₹ 1.67 lakhs to a Chartered Accountant on the basis of which it is inferred that the Petitioner had business interest in India. The reasons also place reliance upon .....

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..... n account of car insurance. The payment of ₹ 2 lakhs to M/s. Sunny Vista Realtors Pvt. Ltd. does not establish, prima facie, any business connection of the Petitioner in India as it was, according to Petitioner, for booking of house to be constructed. None of these, prima facie, taken individually or together can form the basis of reasonable belief that the Petitioner has business connection in India which gives rise to income in India. These materials are indefinite/incomplete to form a reasonable belief of income escaping assessment by themselves. The above material would be at the highest could be reason to suspect but prima facie, not a reason to believe. 6. In the above view, the impugned notice is without jurisdiction as the .....

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