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2013 (7) TMI 482

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....pondent : S. S. C.,A. N. Mahajan, Ashok Kumar,B.J. garwal, D. Awasthi, G.Krishna, R. K. Upadhyaya, S. Chopra ORDER We have heard learned counsel for the petitioner. Sri Shambhu Chopra appears for Income Tax department. Sri Krishna Agarwal, learned counsel for the petitioner submits that a survey was made in the premises of Sri Jugal Kishore Soni, son of late Shri Dasrath Prasad, engaged in the ....

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.... Sri Jugual Kishore Soni. It is relevant to mention here that Sri Jugual Kishore Soni in his statement has not named the petitioner as one of the purchasers of Rock Phosphate from him. What has been stated by Sri Jugal Kishore Soni is that by issuing fake bills relating to the supply of Rock Phosphate to nine firms named therein, he had earned commission. Since the petitioner happens to have deali....

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....hority concerned has no nexus to form an opinion that the income of the petitioner has escaped assessment. No prudent person can draw an inference from the reasons recorded by the authority concerned that the income of the petitioner has escaped assessment. In view of the above, we find sufficient force in the writ petition. The writ petition succeeds and is allowed. The impugned notice issued un....