2016 (10) TMI 780

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.... has challenged a notice dated 29.3.2016 seeking to reopen the petitioner's assessment for the Assessment Year 2009-10. The original assessment was accepted without scrutiny under Section 143(1) of the Income-tax Act,1961 (for short 'the Act'). To reopen such assessment, the Assessing Officer had recoded the following reasons : "The reasons for re-opening of assessment for the A.Y.2009-10 is furnished as under: "The information provided by the Deputy Commissioner of income tax, Gandhinagar Circle, Gandhinagar vide office letter No.DCIT/GNR/AVSIPL/Info/2015-16 dated 21.3.2016, reveals that a survey action u/s.133A of the Act was carried out in the cases of Shri Mukesh & Vithalbhai Patel at Plot No.588, Sector-22, Gandhinaga....

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.... by Shri Vithalbhai Patel, one of the Directors of M/s.AVS Infracon Private Ltd., that thepayment of Rs,18,00,00,000/- has been made in cash to Shri Jugaji Babaji Thakor, owner of the land on behalf of M/s.AVS Infracon Private Ltd. out of its unaccounted income, there is a clear case of escapement of income of Rs. 18,00,00,000/- for the A.Y.2013-14 in the case of M/s.AVS Infracon Private Ltd. 4. On the basis of above mentioned fact, I have reason to believe that there is an escapement of income of more than Rs. 1.00 lac for the A.Y.2009-10 in the case of the above assessee and the case is therefore, required to be reopened u/s.147 of the IT Act by way of issuing notice u/s.148 of the IT Act." 3. In Special Civil Application No.13688 o....

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....ing Survey No.809/2 at Vejalpur, Ahmedabad (Pages No.37 to 65), provided by the DCIT, Gandhinagar along with the intimation, it is seen that the total value of consideration has been shown at Rs. 4,53,45,600/-. On the other hand, the assessee has not filed return of income u/s.139(1) of the Act for the A.Y.2009-10. 3. Further, as per the notings found on the diary as per Annexure-A/1, impounded during the course of survey in the cases of Shri Mukesh & Vithalbhai Patel, in respect of the aforesaid transaction, payment of Rs. 18,00,00,000/- has been made in cash during the period between 18.9.2012 and 18.12.2012 and the balance amount of Rs. 1,40,00,000/- is payable. As admitted by Shri Vithalbhai Patel, one of the Directors of M/s.AVS Inf....

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.... relevant to the Assessment Year 2013-14. Perhaps only on account of fact that the sale deed was registered during the period relevant for the Assessment Year 2009-10 and the amount involved was considerable, the Assessing Officer has issued the notice of reopening also in relation to the assessment year 2009-10. On such ground, though the original assessment was framed without scrutiny, we are inclined to quash the notice of reopening in connection with Assessment Year 2009-10. 5. When we come to the notice of reopening for the Assessment Year 2013-14, the situation is vastly different. This notice has been issued within a period of 4 years from the end of relevant assessment year. There is nothing on record to suggest that the issues r....