TMI Blog2018 (2) TMI 763X X X X Extracts X X X X X X X X Extracts X X X X ..... ted and other entries referring to certain outstanding payments. Fact remains that whatever legal conclusions on the basis of the factual analysis the Assessing Officer desirous to arrive at, is based on the material already on record all throughout during previously reopened assessment proceedings. In absence of any new information or material which do not form part of the original assessment proceedings, it would not be open for the Assessing Officer to frame fresh assessment, that too, in a case where the notice of reopening has been issued beyond a period of four years - Decided in favour of assessee - Special Civil Application No. 16898 of 2017 With Special Civil Application No. 16899 of 2017 - - - Dated:- 6-2-2018 - MR. AKIL KURESHI AND MR. B.N. KARIA, JJ. For The Petitioner : Mr Manish J Shah, Advocate For The Respondent : Mrs Mauna M Bhatt, Advocate ORAL ORDER ( PER : HONOURABLE MR.JUSTICE AKIL KURESHI) 1. Since facts are identical on all material aspects, we may record facts from Special Civil Application No.16898 of 2017. 2. Petitioner has challenged a notice dated 31.03.2017 issued by the respondentAssessing Officer seeking to reopen t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessee is providing consulting services as Civil Structural Designer to the builders for their residential/commercial projects in Surat, Vapi, Valsad, Navsari and to the private parties for their residential /office premises. 2. During the course of survey, incriminating documents related to unaccounted professional receipts of the assessee in cash was found and impounded. Statement u/s 131 of the assessee was recorded during the course of survey. The assessee was questioned about loose paper file (AnnexureBI1) and dairy (AnnexureBI4) in Q.No.32 33. The assessee has clearly admitted the following in his statement. ( i) Page No3 to 6 of loose paper file (annexureBI1) which is maintained by an employee of the assessee represents each bill raised by him wherein the bifurcation has been given in cheque and cash. The cheque figures have been included in his regular income whereas fees received in cash have not been included in his regular income. ( ii) The diary (AnnexureBI4), written in his own handwriting represents date wise fees received in cash by him for the different years. After going through the diary the assessee has stated that for A.Y.201011, the profes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Cheque Cash Balance 2,21,000.00 ( Two Lakh Twenty One Thousand Only) From the above writing, it is quite evident that you have received an amount of ₹ 4,10,000/in cheque and ₹ 4,10,000/in cash. Please go through the same and confirm whether the nature of these transactions and also confirm whether you have received both the cheque amount and cash amount. Ans. 27: Yes sir, these are the consultancy charges received by me from Shri Vimal Poddar for the three projects. I also confirm that I have received both the cheque amount and cash amount subsequently. The balance amount of ₹ 2,21,000/has also been received by me in cash. Clearly, ₹ 4,10,000/have been received (from Shri Vimal Poddar for projects Shaurya Palace, Poddar Residency and Palm Avenue) through cash till the date of writing of the letter i.e. 03.11.2010 and the assessee has accepted that the remaining balance of ₹ 2,21,000/was received in cash thereafter before the statement was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 09.11.2012. In compliance of notice u/s 148 the assessee has filed his return of income in which he has disclosed unaccounted receipt without adding zero i.e. ₹ 5,96,914/and claimed 30% deduction as expenses on unaccounted receipts. Therefore, the assessee has not disclosed his true particulars of his unaccounted income i.e. ₹ 59,69,140/even in the return of income filed in compliance to notice u/s.148 of the Act. 6. Hence, I have reason to believe that the income of the assessee has escaped assessment to the extent of ₹ 53,72,226/( 59,69,140 5,96,914) during the A.Y. 201011 because of the failure on the part of the assessee to disclose his income fully and truly. Therefore, I am satisfied that this is a fit case for invoking the provisions of section 147 of the Act. Accordingly, approval for issue of notice u/s. 148 of the Act may kindly be accorded. 7. The gist of the reasons elaborately recorded by the Assessing Officer is that according to him, there is material on record to suggest that the figures mentioned in the personal diary maintained by the assessee represented the cash transactions reduced by one zero. In other words, reference to the ou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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