9911796707
TMI Blog2023 (10) TMI 980X X X X Extracts X X X X X X X X Extracts X X X X ..... 0; and Exts.P12 and P13 Assessment Orders dated 29.03.2023 for the Assessment Years 2020-21 and 2021-2022 whereby the petitioner's total income has been assessed as Rs.92,87,317/-, loss of Rs.33760/-, loss of Rs.35,402/-, loss of Rs.3,25,893/-, loss of Rs.1,23,311/-, Rs.10,00,000/- and Rs.5,10,00,000/- respectively for the Assessment Years from 2015-16 to 2021-22. 2. Learned Counsel for the petitioner submits that the petitioner has approached this Court against the Assessment Orders because the proceedings in issuing the notices under Section 153C of the IT Act for the Assessment Years 2015-16 to 2020-21 require them to file return of income for the concerned years on the basis of the provisions of Section 153C of the IT Act and that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ess premises as well as the residential premises of Civil Contractor - Sri K N Madhusoodanan Nair, his Company - M/s Mavanal Granites Pvt Ltd and connected entities (Mavanal Group). During the search, certain incriminating documents showing the unaccounted income of Sri K N Madhusoodanan and his concerns about the diversion of business funds to evade taxation were noticed. It was further noticed that by diverting the funds, they had been expending unaccounted payments for investment in landed properties. Based on evidence gathered during the course of the search, the assessments under Section 153A of the IT Act were completed in the case of Sri K N Madhusoodanan, his concerns and connected persons. 3.1 In the course of the search under Sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... discovered showing that huge cash transactions were entered into by the petitioner with Sri K N Madhusoodanan, which were not reflected in the books of accounts. The Assessment Orders were therefore finalised after following the procedure under Section 153C of the IT Act. 4. The satisfaction notes recorded by the Assessing Authority, which have been placed on record in Exts.P19 to P24, would suggest that the Assessing Authority has examined the documents and recorded satisfaction for issuing notices under Section 153C of the IT Act. The petitioner has demanded the satisfaction note, and the letter issued by the Assistant Commissioner of Income Tax in Ext.P18, whereby the satisfaction notes have been provided to the petitioner on his deman ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t to the notice of the Central Board of Direct Taxes (the Board) that there have been some instances in which the notice, order, summons, letter and any correspondence (hereinafter referred to as "communication" were found to have been issued manually, without maintaining a proper audit trail of such communication. 2. In order to prevent such instances and to maintain proper audit trail of all communication, the Board in exercise of power under section 119 of the Income-Tax Act, 1961 (hereinafter referred to as "the Act"), has decided that no communication shall be issued by any income-tax authority relating to assessment, appeals, orders, statutory or otherwise, exemptions, enquiry. investigation, verification of information, penalty, p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... manually without a DIN and the date of obtaining of the written approval of the Chief Commissioner/ Director General of Income-tax for issue of manual communication in the following format- "....... This communication issues manually without a DIN on account of reason/reasons given in para3(i)/3(ii)/3(iii)/3(iv)/ 3(v) of the CBDT Circular No .... dated (strike off those which are not applicable) and with the approval of the Chief Commissioner/Director General of Income Tax vide number .... dated .... 4. Any communication which is not in conformity with Para- 2 and Para-3 above, shall be treated as invalid and shall be deemed to have never been issued. 5. The communication issued manually in the three situations specified in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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