TaxTMI 
TaxTMI 
2025 (6) TMI 1719
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....le returnable forthwith. Learned Senior Standing Counsel Mr. Varun K. Patel waives service of notice of rule on behalf of the respondents in the respective petitions. 4. Special Civil Application No. 6462/2022 and Special Civil Application No. 6463/2022 are filed in case of Ashokkumar Premchandbhai Patel challenging notice under section 148 of the Income Tax Act, 1961 (for short 'the Act') dated 29.03.2021 for Assessment Year 2013-2014 and notice under section 148 of the Act dated 30.03.2021 for Assessment Year 2014-2015 respectively along with assessment order passed under section 147 read with section 144B of the Act dated 30.03.2022. 5. This Court passed the order issuing notice on 30.03.2022 and has also granted ad interim order in terms of para 11(C) of the petition restraining the respondent Assessing Officer on further proceedings in pursuance of notice under section 148 of the Act. 6. Special Civil Application No. 14513/2023 and Special Civil Application No. 14489/2023 are in case of Pravinkumar Premchandbhai Patel, brother of the petitioner in the aforesaid two cases wherein notice under section 148 of the Act dated 30.03.2021 for Assessment Years 2013-2014 and 20....
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....the objections which were disposed off by the Assessing Officer without considering the same and notice under section 142(1) of the Act was issued calling upon the petitioners to provide details in connection with transfer of capital assets. 11. In Special Civil Application No. 6462 of 2022 and Special Civil Application No. 6463 of 2022 in case of Ashokkumar Premchandbhai Patel, no order was passed disposing off the objections raised by the petitioners and show cause notice-cumdraft assessment order was uploaded on 28.03.2022 after filing of the petitions by the petitioner and on 30.03.2022 this Court issued the notice and granted interim stay. However, the assessment orders are also passed by the respondents on the same day i.e. 30.03.2022 therefore, the petitions were amended to challenge the assessment orders. 12. So far as Special Civil Application No. 14513 of 2023 and Special Civil Application No. 14489 of 2023 are concerned, in the earlier round of litigation after considering the submissions made by both the sides, this Court vide order dated 29.08.2022 remanded the matter back to the Assessing Officer to pass a detailed order giving reasons for disposing off the obje....
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....ficer has issued the notice without having any tangible information. It was also submitted that the petitioners have raised objection that information was based on dumb documents impounded/seized from Shri Pritamkumar Rameshbhai Patel and not supported by any tangible material or statement of the person searched/surveyed. However, such objection is not at all replied or considered in the order disposing off the objections. It was therefore, submitted that it is settled position of law that reasons are required to be read as they were recorded by the Assessing Officer without any addition, substitution or deletion and such reasons should be clear and unambiguous and should not suffer from any vagueness. 16. Learned advocate Mr. Bhati in support of his submission relied upon the decision of Hon'ble Supreme Court in case of Commissioner of Income Tax v. Kelvinator of India Ltd reported in (2010) 320 ITR 561 (SC) and decision of this Court in case of Sagar Enterprises v. Assistant Commissioner of Income Tax reported in (2002) 257 ITR 335 (Gujarat) to submit that when the respondent Assessing Officer himself is not sure as to the year of taxability and whether the income has escaped ....
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....rs. However, there is no tangible material available with the Assessing Officer and y reliance was placed only on the information reflected in the Insight Portal without any other corroborative material or live nexus with such information made available on Insight Portal reflected in the reasons recorded. 20. On perusal of the reasons recorded, it appears that the Assessing Officer has failed to disclose or provide any incriminating material allegedly found during the search/survey of residential premises of Shri Pritamkumar Rameshbhai Patel pertaining to the assessee indicating that the petitioners have understated the income or claimed excessive losses, deductions etc. Instead the respondent has relied on unsubstantiated information regarding bogus contact worth either Rs. 21 crores or Rs. 42 crores with Sadbhav Engineering Ltd. with final amount remaining unclear so far as Assessment Year 2014-2015 in case of Pravinkumar Premchandbhai Patel. 21. With regard to transaction of sale of agricultural land is concerned, the respondents have accepted the reply filed in case of Gunvantbhai Premchandbhai Patel who is co-owner of such sale transaction in the assessment order. Theref....