TMI Blog2022 (1) TMI 372X X X X Extracts X X X X X X X X Extracts X X X X ..... etween the above mentioned entities and the assessee/beneficiary are bogus accommodation entries in nature. What perplexes us as much as the assessee was perplexed is how can a company provide bogus entry to itself. Sharvah Multitrade Company Private Limited is alleged to be a beneficiary identified through fund trail and its PAN number is shown to be AAQCS2595H. Petitioner, who is the assessee, is also Sharvah Multitrade Company Private Limited and its PAN number is AAQCS2595H. Therefore, this clearly shows total non application of mind by the Assessing Officer Mr. Suryavanshi. His statement in the reasons and after careful application of mind is risible. There is total non application of mind. In the affidavit in reply, the same Mr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... raised by petitioner in their objections to reopening Declare that the Impugned Notice u/s 148 are wholly without jurisdiction, illegal, arbitrary, and liable to be quashed. - Decided in favour of assessee. - WRIT PETITION NO.3581 OF 2021 - - - Dated:- 20-12-2021 - K.R. SHRIRAM AND AMIT B. BORKAR, JJ. Mr. Rohan Deshpande i/b. Ms. Farzeen Khambatta for petitioner. Mr. Sham V. Walve for respondents. ORDER P.C. : 1 Petitioner is impugning a notice dated 31st March 2021 issued under Section 148 of the Income Tax Act, 1961 (the said Act) and order on objections dated 23rd July 2021. 2 Petitioner has raised various grounds but the primary ground is total non application of mind while issuing the notice under Se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dation entries in nature. What perplexes us as much as the assessee was perplexed is how can a company provide bogus entry to itself. Sharvah Multitrade Company Private Limited is alleged to be a beneficiary identified through fund trail and its PAN number is shown to be AAQCS2595H. Petitioner, who is the assessee, is also Sharvah Multitrade Company Private Limited and its PAN number is AAQCS2595H. Therefore, this clearly shows total non application of mind by the Assessing Officer Mr. Suryavanshi. His statement in the reasons and after careful application of mind .. is risible. There is total non application of mind. 4 In the affidavit in reply, the same Mr. Suryavanshi states as Annexure 2 is the copy of the approval u/s 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... carefully considered and the same are dealt with as under but he does not deal with the objection of the assessee of lack of application of mind. We have to also note that the said Mr. Suryavanshi is totally silent about the objections raised on non application of mind. In the affidavit in reply, at paragraph 9 he says it was a typographical error and inadvertent mistake because in the case information received in insight portal on 27th March 2021, only first page was displayed. Even if we accept what he says for a moment, still anyone reading the reason would realise that it defies sensibility that how the company will provide bogus entry to itself. Even otherwise this Mr. Suryavanshi had an opportunity to correct the error when he pass ..... X X X X Extracts X X X X X X X X Extracts X X X X
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