TMI Blog2018 (5) TMI 1550X X X X Extracts X X X X X X X X Extracts X X X X ..... ior standing counsel for the Income Tax Department and Sri Vaibhav Tripathi, learned counsel appearing for respondent no.3. The instant writ petition has been filed by the petitioner against the notice of re-assessment issued under Section 148 of the Income Tax Act, 1961 (hereinafter referred to as the 'Act'). The petitioner has challenged the notice of re-assessment issued on 14.4.2017 by the respondent no.1, Income Tax Officer - 1(1), Kanpur for initiating re-assessment proceedings for the Assessment Year 2014-15 and the order dated 7.3.2018, which is an order passed by respondent no.1 by which the objection raised with regard to re-assessment proceedings are disposed of. The brief facts of the case are that the petitioner Chandra Mohan Tiwari, an individual by status, has filed his return of income for A.Y. 2014-15, declaring a total income of ₹ 2,27,590/-. During the course of proceedings for A.Y. 2014-15 the assessing authority noticed that the petitioner has purchased an immovable property during the financial year 2013-14 relevant to assessment year 2014-15 for a consideration of ₹ 20,00,000/- having stamp value of ₹ 1,55,60,000/- and th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... jurisdiction for starting the impugned re-assessment proceedings over the petitioner under Section 147 of the Act and further that though the demised land was purchased in the name of present petitioner but in fact was purchased in the capacity of trustee/agent for one M/s Vidya Niketan Education Centre. The claim of the petitioner that on account of the aforesaid reasons being the Mantri/Prabandhak he had authority to execute the transaction in question. The aforesaid objections are filed by the petitioner before the assessing authority on 23.2.2018. In his objection the petitioner has also submitted that the provisions of Section 56(2)(viiib) are not applicable. The petitioner has also contended that for the purpose of issuance of notice under Section 148 the permission has not been accorded by the competent authority therefore, the proceedings impugned are vide ab initio. In para 13 of the writ petition the petitioner has stated as below : The petitioner is the General Secretary of M/s Vidya Niketan Education Center (respondent no.4) and is responsible for the overall administration and functioning of the Society. In para 14 of the writ petition the petitioner ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... isclosed any material with regard to purchase of the property in question hence the assessing authority has rightly proceeded to initiate proceedings under Section 148 of the Act. He has further submitted that the writ petition is premature and since it is against show cause notice the same is liable to be dismissed. He has further submitted that the petitioner may appear before the respondent authorities and establish its claim with regard to the source of investment and no prejudice is being caused to the petitioner at this stage. Prima facie, the case for reassessment with respect to escapement of income is clearly made out. Sanction, in the present, has been granted by the Additional Commissioner as per section 151(2) of the I.T. Act. It is submitted that the Additional Commissioner is an authority highter in rank to the Joint Commissioner. Even otherwise, it is submitted that the office of the Joint Commissioner was vacant and Additional Commissioner was holding charge of the office of Joint Commissioner and hence the permission/sanction has been granted by the Additional Commissioner in accordance with section 151(2) of the Act. We have perused the sale deed, which h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2351;ा-495 के गाटा सं0-29 मि0 रकबा 0.1331 हे0 खाता सं0-217 तथा गाटा सं0-29मि0, रकबा 0.2559 हे0 कुल रकबा 0.389 हे0 भूमि को गैर अनुसूचित जाति के क्रेता चन्द्र मोहन तिवारी पुत्र स्व0 बालमुकुन्द तिवारी निवासी-509 सफीपुर प्रथम कानपुर नगर को विक्रय करने की & ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d. We find no substance in the submission of the learned counsel for the petitioner as we have noticed from the documents which are enclosed by the petitioner in his writ petition clearly discloses that the property in question has been purchased solely by the petitioner himself and in his claim no documentary evidence has been produced by the petitioner which establishes that the petitioner has purchased the property for and on behalf of the trust. In the instant writ petition, the petitioner has nowhere stated that the said property is purchased by the trust and trust has disclosed the purchase of the property in its return for the A.Y. 2014-15. The assessing authority has reached to the conclusion by believing that income had escaped assessment. Even during the course of arguments, counsel for the petitioner has argued that the assessment should be made in the hands of the society and only provisional assessment could be made in the hands of the petitioner. It is submitted that section 147 of the Act is applicable where any income chargeable to tax has escaped assessment and the power is given to the assessing officer, to both assess or reassess under Section 147. Thus, in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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