TMI Blog2023 (6) TMI 821X X X X Extracts X X X X X X X X Extracts X X X X ..... ces raised by the Chinese exporters on the petitioner. Petitioner also placed on record copies of his Income Tax Returns pertaining to the Assessment Years 2005-06 to 2015-16, filed under his PAN [instead of PAN of dissolved firm]. The said additional affidavit, supported with a plethora of documents, it does not appear to be a case of deliberate concealment of facts. If the petitioner wanted to defraud revenue, he would not have declared the imports in books of accounts as proprietor of Kapoor Electric Mart. The impugned order u/s 148A(d) and notice u/s148 were passed and issued against a non-extant entity, as such the same cannot be complied with. The impugned order u/s 148A(d) and notice u/s 148 of the Act both dated 31.03.2023 are se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n over by the petitioner as a sole proprietor of M/s Kapoor Electric Mart. For the Assessment Years 1983-84 to 2004-05 the firm filed its returns of income under PAN bearing number AAAFK4540P. But thereafter, the petitioner has been carrying out the business of his sole proprietorship concern Kapoor Electric Mart under PAN Card No. AASPK4955A. The petitioner has been mainly engaged in import of electric goods from China and sale thereof in India. 2.2 The petitioner received first notice dated 22.02.2023 under Section 148A(b) of the Act addressed to the erstwhile partnership firm, alleging that no return of income for the Assessment Year 2016-17 had been filed though the firm had entered into a high value transaction by way of import of R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 27/- made during Financial Year 2015-16, ledger of purchase at tax rate of 12.5% 5% and quarterly VAT returns for the Financial Year 2015-16. 2.5 By way of yet another notice dated 27.03.2023, again addressed to the partnership firm, the petitioner was again called upon to furnish further details, so on 28.03.2023, petitioner submitted the ledger of purchases (import) pertaining to the period 01.04.2015 to 31.03.2016, ledger of parties from whom imports were made, purchase invoices with supporting documents and bank statements. 2.6 Thereafter, by way of impugned order dated 31.03.2023 under Section 148A(d) of the Act, the concerned Income Tax Officer held that it was a fit case to issue notice under Section 148 of the Act for Assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ioner stated that the Income Tax Returns were being filed by the petitioner in his capacity as a proprietor of Kapoor Electric Mart. As such, petitioner was directed to place on record the relevant Income Tax Returns alongwith the balance sheet and profit loss accounts as well as purchase orders and invoices qua the imports. 6. Accordingly, petitioner filed his additional affidavit dated 24.05.2023 alongwith the supporting documents. In his said additional affidavit, the petitioner testified the above mentioned facts. Petitioner also placed on record a number of supporting documents including invoices raised by the Chinese exporters on the petitioner. Petitioner also placed on record copies of his Income Tax Returns pertaining to the A ..... X X X X Extracts X X X X X X X X Extracts X X X X
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