TaxTMI 
TaxTMI 
TaxTMI 
2018 (5) TMI 1550
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....dent no.1 by which the objection raised with regard to re-assessment proceedings are disposed of. The brief facts of the case are that the petitioner Chandra Mohan Tiwari, an individual by status, has filed his return of income for A.Y. 2014-15, declaring a total income of Rs. 2,27,590/-. During the course of proceedings for A.Y. 2014-15 the assessing authority noticed that the petitioner has purchased an immovable property during the financial year 2013-14 relevant to assessment year 2014-15 for a consideration of Rs. 20,00,000/- having stamp value of Rs. 1,55,60,000/- and the petitioner has not furnished the source of investment of the aforesaid amount of Rs. 20,00,000/-. On the basis of the aforesaid information the Assessing Authority prima facie was of the opinion that the said investment has escaped assessment for the A.Y. 2014-15. The assessing authority has recorded the following reasons for issuance of notice under Section 148 dated 19.4.2017 : "The Department is in the possession of information that assessee has purchased immovable property during F.Y. 2013-14 relevant to A.Y. 2014-15 for a consideration of Rs. 20,00,000/- having stamp value of Rs. 1,55,60,000/-. The....
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....) are not applicable. The petitioner has also contended that for the purpose of issuance of notice under Section 148 the permission has not been accorded by the competent authority therefore, the proceedings impugned are vide ab initio. In para 13 of the writ petition the petitioner has stated as below : "The petitioner is the General Secretary of M/s Vidya Niketan Education Center (respondent no.4) and is responsible for the overall administration and functioning of the Society." In para 14 of the writ petition the petitioner has stated that the trust, the respondent no.4 was in need of land for the purpose of establishing School and hence the petitioner was authorised to negotiate and purchase any suitable land to meet the requirement of Society. According to petitioner being acting the powers vested in him by virtue of Board's resolution dated 20.4.2010, the petitioner, for and on behalf of and in the capacity of agent/trustee of the trust purchased certain immovable property for and on behalf of the society. The assessing authority has dealt with the objection raised by the petitioner by disposing of the same dealing with all points which are raised by the petitioner i....
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....anted by the Additional Commissioner as per section 151(2) of the I.T. Act. It is submitted that the Additional Commissioner is an authority highter in rank to the Joint Commissioner. Even otherwise, it is submitted that the office of the Joint Commissioner was vacant and Additional Commissioner was holding charge of the office of Joint Commissioner and hence the permission/sanction has been granted by the Additional Commissioner in accordance with section 151(2) of the Act. We have perused the sale deed, which has been executed and filed as Annexure-3 to the writ petition, which clearly indicates that the name of the purchaser or the property in question is mentioned as Chandra Mohan Triwari, S/o Bal Mukund Tiwari, who is the petitioner. We have further noticed that in coloumn 'stamp duty paid' the name of the petitioner is mentioned. Similarly, the Deputy Registrar, Region 1, Kanpur Nagar has issued a certificate clearly mentioning therein the name of the purchaser and the address being, Chandar Mohand Tiwari, R/o H.No. 509, Safipur Pratham, Kanpur, which is the address of the petitioner in the instant writ petition also. Similarly the order issued by the District Magi....
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....4; तिवारी पुत्र स्व0 बालमुकुन्द तिवारी निवासी-509 सफीपुर प्रथम कानपुर नगर को विक्रय करने की अनुमति प्रदान की जाती है। यदि भविष्य में उक्त भूमि के सम्बन्ध में कोई अन्यथा तथ्य प्रकाश में आता है तो यह अनुमति स्वतः....