TMI Blog2005 (9) TMI 32X X X X Extracts X X X X X X X X Extracts X X X X ..... ed income in the original assessment proceedings. Therefore, the belief of escaped income formed on the basis of seized material, SB-103, SB-104 and SB-105 cannot be said to be without any basis. Thus, we are of the view that initiation of the proceedings under section 148 of the Act cannot be said to be without any material or based on irrelevant material. In the result, the writ petition is dismissed - - - - - Dated:- 9-9-2005 - Judge(s) : R. K. AGRAWAL., RAJES KUMAR. JUDGMENT The judgment of the court was delivered by Rajes Kumar J.-In the present writ petition, the petitioner seeks the following relief: "(i) issue a writ, order or direction in the nature of certiorari quashing the impugned notice dated December 9, 1998, unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was deleted vide order dated March 6, 1998. Admittedly, against the order of the first appellate authority, the appeal filed by the Revenue is pending before the Tribunal. In the meantime the assessing authority issued the impugned notice under section 148 of the Act on December 9, 1998, and on the demand by the petitioner the reasons recorded for the reopening of the assessment and for the issue of the notice under section 148 of the Act have been supplied to the petitioner, which is annexure No. 4 to the writ petition, which is reproduced as follows: "In this case assessment under section 143(3) was completed on March 13, 1997. During the course of verification of the books of account seized in the case of Shri Rajiv Bansal, Prop. S.R. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the material which was seized from the premises of Sri Rajeev Bansal was considered at the time of the original assessment order and, therefore, on the basis of the same seized material, proceedings under section 147 of the Act cannot be taken. He further submitted that the addition made on the basis of the seized sale bill has been deleted by the appellate authority on the ground that alleged seized sale bill does not show that the petitioner had made any unaccounted sale. He submitted that at the time of issue of the notice, there was no material on the basis of which belief of escaped income could be formed and therefore notice under section 148 of the Act is invalid and liable to be quashed. In support of his contention he relied upo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es to the unaccounted sale of Rs. 93,99,100 of wah gutkha vide letter dated March 30, 1998. Sri Rajeev Bansal stated that the entire purchases whether relating to accounted for or accounted sales were made from M/s. Ashoka Agencies, who were the manufacturer of wah brand plain and tobacco mixed pan masala. Therefore, fresh material relating to suppressed sales was in the possession of the assessing authority which were not considered earlier, while issuing the notice under section 148 of the Act on the basis of which a belief of escaped income was formed. He submitted that the material, which was made the basis for the reopening of the case was relevant and sufficient to form the belief of escaped income and therefore writ petition is liabl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was reopened on the basis of fresh material obtained in the course of assessment for the next year. The apex court found the material sufficient to reopen the assessment proceeding. We have perused the assessment order dated March 13, 1997, and the reasons recorded by the assessing authority, which is annexure No. 4 to the writ petition referred to hereinabove. A perusal of the assessment order shows that unaccounted sales at Rs. 49,14,455 were estimated from the seized sale bill book Nos. SB-23, SB-49, SB-54, SB-56, SB-57, SB-58, SB-59 and SB-100 and the undisclosed profit at Rs. 9,74,334 was estimated on the aforesaid undisclosed sales while the notice under section 148 of the Act has been issued on the basis of seized sale bill book N ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
