TaxTMI 
TaxTMI 
2022 (1) TMI 1496
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....n of mind; 1.2 That on the facts and in the circumstances of the case and in law, Ld. CIT-A erred in sustaining the order passed by Ld. AO u/s 147/143(3) without appreciating that no back material, repeatedly asked was confronted/provided to assessee thus invalidating entire reopening; 1.3 That on the facts and in the circumstances of the case and in law, Id CIT-A erred in sustaining the order passed by Ld. AO u/s 147/143(3) without appreciating that assessment u/s 147/148 cannot be made when search was conducted u/s 132, as strictly excluded u/s 153A/153B/153C of the Income Tax Act, 1961; 1.4 That on the facts and in the circumstances of the case and in law, Ld. CIT-A erred in sustaining the order passed by Ld. AO u/s 147/143(3) without appreciating that none of the assessee submission is appreciated while adjudicating the appeal; 1.5 That on the facts and in the circumstances of the case and in law, Id CIT-A erred in sustaining the order passed by Ld. AO u/s 147/143(3) without appreciating that objection filed in response to reasons recorded were never disposed off by a speaking order before passing the final assessment order, which has invalid....
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....erred in sustaining the order passed by Ld. AO u/s 147/143(3) without appreciating that no bank statements on the basis of which additions has been made were never provided to the assessee; 2.5 That on the facts and in the circumstances of the case and in law, Id CIT-A erred in sustaining the order passed by Ld. AO u/s 147/143(3) without appreciating that while making addition u/s 68 Ld. AO has not issued any formal and required show cause notice nor Ld. AO has considered detailed reply-filed by the assessee; 2.6 That on the facts and in the circumstances of the case and in law, Id CIT-A erred in sustaining the order passed by Ld. AO u/s 147/143(3) without appreciating that none of evidence filed by assessee is overruled in accordance with law; 4. That on the facts and in the circumstances of the case and in law, Ld. CIT-A erred in sustaining the order passed by the Ld. AO u/s 147/143(3) without appreciating that the assessee was never provided with an opportunity of cross examination of any of officers of M/s Jagatjit Industries Ltd / other associates on the statement of Revenue / Investigation wing has relied upon and the Ld. AO has passed the impugned ....
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....eunder: Arguments of ld. AR: 8. The chronology of events are as under: Date Event 14.07.2009 ITR for subject period filed with total income of Rs 494,550 29.12.2015 Search and seizure operation u/s 132 of the Act was carried out on assessee (all search asst quashed vide order of ITAT dated 19.01.2021) 31.03.2016 Letter dated 30.03.2016 recd. by assessee's AO from office of ADIT Inv II Faridabad (paper book pages 10 to 13) -key extract reproduced below 31.03.2016 Draft reasons u/s 148(2) recorded by assessee's AO Page 14/15 of paper book = reproduced below 31.03.2016 So called approval from PCIT Faridabad accorded to reasons drafted by AO page 14/15 of paper book reproduced below 31.03.2016 Notice u/s 148 issued by AO to assessee (recd. on 02.04.2016 at 12PM) 23.12.2016 Section 68 applied to bank credit addition of Rs 12,01,75,000 assessment completed on 23.12.2016 (no books of account maintained by assessee admittedly) 26.02.2018 Ld CIT-A dismissed assessee's appeal -------------- Hence this appeal before Hon'ble ITAT 9. Whether revenue can use section 148 of the Act for the period under consideration (AY 2009-201....
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....ft case? 12. Whether addition made in impugned assessment dated 23.12.2016 immediately after issue of questionnaire u/s 142(1) dated 29.11.2016 after assessee reply on same dated 16.12.2016 is valid where admittedly nowhere assessee was issued mandatory Show cause notice (SCN) as per CBDT instruction and Hon'ble SC/HC/ITAT decisions on the subject ? 13. Whether invocation of section 68 in final assessment to bank credit treating bank statement as assessee's books of accounts u/s 68 of the Act read with sec 2(12A) of the Act which was also the final direction in forwarding letter of investigation wing dated 30.03.2016 is in accordance with applicable legal norms in peculiar facts as highlighted above? 14. Whether recent order of Delhi ITAT dated 19.01.2021 in assessee's own case (covering/dealing identical /same issue of addition based on same bank credit) invalidates the stand of revenue in extant case on merits of the matter? 15. On above framed six issues, we humbly submit our arguments on each of the above issue in chronological sequence. 16. First primordial issue which requires adjudication here is invocation of section 148 to subject period AY 2009-2010, where ....
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....Section 153A opens with a non-obstante clause relating to normal assessment procedure covered by Sections 139, 147, 148, 149, 151 and 153 in respect of searches made after May 31, 2003. The sections, so excluded, relate to returns, assessment and reassessment provisions. However, the provisions that are saved are those under Section 153B and 153C, so that these three Sections 153A, 153B and 153C are intended to be a complete code for post-search assessments...." 17. We humbly rely on schematic interpretation principle (refer Hon'ble Apex court ruling in and Laksmi Machine works 290 ITR 667) and treating the entire law as integrated code of taxation (Held in case of Eli Lily 312 ITR 225: "....that the 1961 Act is an integrated code in which one cannot segregate the computation machinery from the collection and recovery machinery."), to support our above submission. Even we humbly rely on Hon'ble Supreme court observations in leading case of Manish Maheshwari 289 ITR 341 in context of erstwhile block assessment scheme (u/s 158BD/158BC) as to applicable rule of interpretation to be used while interpreting provisions of post search block assessment: "A taxing statu....
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....of mind and classical case of borrowed satisfaction without independent application of mind on part of reasons recording authority (AO) and approving authority (PCIT) ergo we plead for quashing of impugned orders of Ld. AO and Ld. CITA being patently ultra vires to provisions of section 148(2) of the Act: 21. To support above proposition we place reliance on following jurisprudence: IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH "B", PUNE ITA Nos. 725 to 728/PUN/2015 Shri Tushar R. Jagtap Date of Pronouncement: 09.02.2018 28. Further, the second connected aspect is that after approval being granted, notice issued under section 148 of the Act and service upon assessee on 30.03.2012. It may be pointed out herein itself that in all the assessment orders for different assessment years in the case of different assessees, there is mention of service of notice under section 148 of the Act on 29.03.2012. We may keep the said fact on the side since the Revenue has furnished on record the evidences of recording of reasons, seeking of approval, approval being granted and the issue of notice under section 148 of the Act and its service upon the assesse....
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.... non-est. The DSP, instead of granting prior approval, made a report to the Additional Chief Secretary, and asked for permission to proceed under TADA. The Court in para 13, 14, 15 has held this to be a clear case of 'dictation', and has referred to Wade and Forsyth on 'Surrender Abdications and Dictation'." 24. On issue of reopening on basis of half-baked information and external dictation of investigation wing we draw support from the following judgments. 25. The Hon'ble Supreme Court in the case of Anirudh Sinhji Karan Sinhji Jadeja vs. State of Gujarat reported in [1995] 5 SCC 302 as well has held that if a statutory authority has been vested with jurisdiction, he has to exercise it according to its own discretion. If discretion is exercised under the direction or in compliance with some higher authorities instruction, then it will be a case of failure to exercise discretion altogether IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION WRIT PETITION (CIVIL) No. 89 of 2018 CHINTPURNI MEDICAL COLLEGE AND HOSPITAL & ANR JULY 03, 2018 8. Before going into the merits of the submission, it is important to note that the State Government a....
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....raw support from following jurisprudence: Hon'ble Delhi high court in Synfonia Tradelinks Pvt. Ltd. vs. ITO Ward 22(4) New Delhi order dated 26.03.2021 - Section 148 applicable principles culled out (reopening of assessment) - valid approval /sanction ingredient - validity of reopening to be seen only with reference to reasons recorded - writ scope under article 226 of Indian constitution 28. Rebutting the contentions of the revenue, the ld. AR submitted as under: "To demonstrate that the formation of the belief, as discernible from the order recording reasons, was neither arbitrary nor irrational, a reference was made to the following portion of the said order: "Further, on perusal of return of income filed by the assessee for A.Y 2010-11 and A.Y 2011-12 it has been observed that the assessee has shown unsecured loans of Rs. 38,071/- and Rs. 25,57,206/- respectively. Thus there is substantial increase in the unsecured loans during A.Y. 2011-12. A careful scrutiny of information received from the investigation wing and report received from Investigation Wing. New Delhi subsequent analysis of report of investigation ....
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....e the fact that reassessment proceedings had been initiated as respondent no.1 suspected the genuineness of the loans received during the subject AY. 7.6. In sum, Mr. Singh argued that there was cogent material available for respondent no.1 to form a belief that the assessee's taxable income had escaped assessment. This information, according to Mr. Singh, which was received from the office of the ADIT and the report generated thereafter and its analysis formed the basis of respondent no.1's belief that the assessee's income chargeable to tax had escaped assessment. 7.7. Mr. Singh went on to state that respondent no.2 had given his approval to initiation of proceedings against the assessee only after satisfying himself that a case was made out for initiation of proceedings under the provisions of Section 147 of the Act" Significantly Hon'ble Delhi high court after taking pains has succinctly culled out following important principles on section 148 of the Act: "Analysis and Reasons: - 9. We have heard the learned counsel for the parties and perused the record. Before we proceed further, it would be helpful if we were to set forth cert....
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....error would occur, which can be corrected by a writ court, if reasons to believe are based on grounds that are either arbitrary and/or irrational. (See: Sheo Nath Singh v. Appellate ACIT, Calcutta (1972) 3 SCC 234]. 9.1. Thus, if one were to apply the afore-stated principles, it would be clear as daylight that the order recording reasons discloses complete nonapplication of mind. The reason we say so is discernible from the following:..." Important inferences on basis of above principles: "9.5. Mr. Singh, in a desperate attempt to salvage the situation, drew our attention to the unsecured loans shown in the income tax returns of the assessee for AYs 2010-2011 and 2011-2012 amounting to Rs. 38,071/- and Rs. 25,57,206/- respectively. Apart from anything else, simple math would show that the cumulative total of these figures is Rs. 25,95,277/- and not Rs. 26,93,500/- which, according to respondent no. 1, is the unexplained credit in the books of accounts of the assessee and, hence, required to be added under Section 68 of the Act. Therefore, for Mr. Singh to say that these are inadvertent errors and hence should be ignored, in our opinion....
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....e endorsement 'approved'. 10. In our view, the sanction-order passed by respondent no.2 presents, metaphorically speaking 'the inscrutable face of sphinx' (See: Breen v. Amalgamated Engineering Union [1971] 2 QB 17500; Also see: State of H.P. v. Sardara Singh, (2008) 9 SCC 392). In our view, the satisfaction arrived at by the concerned officer should be discernible from the sanction-order passed under Section 151 of the Act. Even if we were to assume for the moment that the approval of the ACIT was rightly taken, a bare perusal of the endorsement would show that there is no application of mind as to whether the information received by the AO had any nexus with the formation of honest belief that the assessee's taxable income had escaped. What is glaring is that the ACIT notes that income to the tune of Rs. 27,60,838/- had escaped taxation whereas, in the order recording reasons, the taxable income has been quantified as Rs. 26,93,500/-. As noted above, based on the arguments of Mr. Singh that the escaped income should be related to unsecured loans, there is in play a third figure which is Rs. 25,95,277/ 10.5. As noted above, in the inst....
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.... 226. The Court is duty-bound to exercise its powers under Article 226 where ever it finds that a statutory authority has exercised its jurisdiction either irregularly or acted in a matter in which it had no jurisdiction or committed a breach of the principles of natural justice. 11.2. Before we conclude, we must also indicate that the order recording reasons neither discusses the contents of the report received from the investigation wing or the statements made by Mr. Pradeep Kumar Jindal and his associates. The order recording reasons, merely, indicates that the formation of belief is based on these sources. Furthermore, although, there is a reference to Shri Laxman Singh Satyapal and Ms. Meera Mishra in paragraph 3.14 of the counter-affidavit, as persons, whose statements were also recorded during the search, which formed the basis of initiation of proceedings under Section 147 of the Act, there is no reference to them in the order recording reasons. 11.3. Besides this, the revenue has taken the position that not only the report of the investigation wing but also the statements of Mr. Pradeep Kumar Jindal and his aforementioned associates were furnished to the ....
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....hat it is a fit case for the issue of such notice. (2) In a case other than a case falling under sub-section (1), no notice shall be issued under section 148 by an Assessing Officer, who is below the rank of Joint Commissioner, after the expiry of four years from the end of the relevant assessment year, unless the Joint Commissioner is satisfied, on the reasons recorded by such Assessing Officer, that it is a fit case for the issue of such notice." 15.2 Ergo, provisions of sub section (1) of section 151 of the Act deals with the cases wherein assessment was earlier framed u/s 143(3) or section 147 of the Act, whereas subsection (2) provides for the cases, wherein no assessment was framed earlier. Under sub section (1) of section 151, if the proceedings are initiated within four years, no notice shall be issued under section 148, unless the Joint Commissioner is satisfied on the reasons recorded by such Assessing Officer that it is a fit case for the issue of such notice. However, the proviso to the sub-section (1) provides for the approval in the cases where notice is issued after the expiry of four years from the end of the relevant assessment year. The proviso provides t....
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....le. In fact, SLP filed against the aforesaid judgment of Madhya Pradesh High Court is also dismissed and same is reported in 237 Taxman 378 (SC). In fact, in the case of Pr. CIT vs M/s N.C. Cables Ltd. reported in [2017] 391 ITR 11 (Delhi) jurisdictional High Court has held as under: 15.4 When the facts of this case are seen in the light of the aforesaid binding precedents, it is found that in this case also while according approval, the ld. Addl. CIT while granting approval has merely recorded "approved" and has not given any reason at all the reason for granting approval. In fact, this shows that while granting approval, he has not even examined whether the material referred in the reasons to believe is available with the AO and had he applied his mind, he would have found that even the material referred in the reasons to believe is not available with the AO. Now be that as may be, in the A.Y. 2002-03 even the reasons recorded do not clothe the AO with the jurisdiction to reopen the assessment, as he did not had the relevant material. 15.8 From the contents of aforesaid communication it is seen that ADIT (Inv.), Meerut had recommended the case of the assessee to....
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....we rely on recent decisions from various benches of ITAT: IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD - BENCH 'A' 118 to 123/Ahd/2019 Asstt. Years: 2009-10 to 2014-15 Shri Hitesh Ashok Vaswani Date of Pronouncement: 12/11/2020 "93. In the present case the search information received from the investigation wing was used to form the reason to believe by the AO but without applying the mind. Thus the reasons were merely recorded on the borrowed satisfaction by the AO. The source for all the conclusions was of the investigation report. The tangible material which formed the basis for the belief that income had escaped assessment must be evident from a reading of the reasons. The reasons failed to demonstrate the link between the tangible material and the formation of the reason to believe that income had escaped assessment. The Assessing Officer had not independently considered the tangible material which formed the basis for the reasons to believe that income had escaped assessment. 94. The Hon'ble High Court of Bombay in the case Principal Commissioner of Income-tax-5 v. Shodiman Investments (P.) Ltd. reported in 422 ITR 337 holding that reopening....
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....e belief that income chargeable to tax has escaped assessment. 14. Further, the reasons clearly shows that the Assessing Officer has not applied his mind to the information received by him from the DDIT (Inv.). The Assessing Officer has merely issued a reopening notice on the basis of intimation regarding re-opening notice from the DDIT (Inv.) This is clearly in breach of the settled position in law that re- opening notice has to be issued by the Assessing Office on his own satisfaction and not on borrowed satisfaction." 95. The power to reopen a completed assessment under Section 147 of the Act has been bestowed on the Assessing Officer, if he has reason to believe that any income chargeable to tax has escaped assessment for any assessment year. However, this belief that income has escaped assessment has to be the reasonable belief of the Assessing Officer himself and cannot be an opinion and/or belief of some other authority. On the basis of the information by itself received from another agency, there cannot be any reassessment proceedings. However, after considering the information/material received from other source, the Assessing Officer is required to consi....
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....ay High court in case of Gateway Leasing (P.) Ltd vs. ACIT reported in 117 taxmann.com 442 where it was held as under: 35. Having discussed the above, we may once again revert back to the reasons furnished by Respondent No. 2 for re- opening of assessment under Section 147 of the Act. After referring to the information received following search and seizure action carried out in the premises of Shri Naresh Jain, it was stated that information showed that Petitioner had traded in the shares of M/s. Scan Steels Ltd., and was in receipt of Rs. 23,98,014.00 and therefore, Respondent No. 2 concluded that he had reasons to believe that this amount had escaped assessment within the meaning of Section 147 of the Act. 36. First of all it would be evident from the materials on record that Petitioner had disclosed the above information to the Assessing Officer in the course of the assessment proceedings. All related details and information sought for by the Assessing Officer were furnished by the petitioner. Several hearings took place in this regard where-after the Assessing Officer had concluded the assessment proceedings by passing assessment order under Sec....
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....ents Pvt. Ltd. has held as under (422 ITR 437): "11 it is clear that the reasonable belief on the basis of tangible material could be, prima facie, formed to conclude that income chargeable to tax has escaped assessment. Mr. Mohanty, learned Counsel is ignoring the fact that the words 'whatever reasons' is qualified by the words 'having reasons to believe that income has escaped assessment'. The words whatever reasons only means any tangible material which would on application to the facts on record lead to reasonable belief that income chargeable to tax has escaped assessment. This material which forms the basis, is not restricted, but the material must lead to the formation of reason to believe that income chargeable to tax has escaped Assessment. Mere obtaining of material by itself does not result in reason to believe that income has escaped assessment. In fact, this would be evident from the fact that in para 16 of the decision in Rajesh Jhaveri Stock Brokers Pvt. Ltd. [291 ITR 500], (supra), it is observed that the word 'reason' in the 'reason to believe" would mean cause or justification. Therefore, it can only be the basis of forming the belief ....
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....rt of the Assessing Officer that income chargeable to tax has escaped Assessment. It is for this reason that the recorded reasons even does not indicate the amount which according to the Assessing Officer, has escaped Assessment. This is an evidence of a fishing enquiry and not a reasonable belief that income chargeable to tax has escaped assessment. 14. Further, the reasons clearly shows that the Assessing Officer has not applied his mind to the information received by him from the DDFT (Inv.). The Assessing Officer has merely issued a reopening notice on the basis of intimation regarding reopening notice from the DDIT (Inv.) This is clearly in breach of the settled position m law that reopening notice has to be issued by the Assessing Office on its own satisfaction and not on borrowed satisfaction." On jurisdictional issue of validity of approval u/s 151 of the Act (I AM SATISFIED endorsed by Ld. PCIT dt. 31.03.2016), we humbly draw your honors kind attention to following chain of jurisprudence on the subject: 37. Text of section 151: Sanction for issue of notice. 151. (1) No notice shall be issued under section 148 by an Assessing Officer, ....
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....r the issue of a notice under Section 148. To Question 8 in the report which reads "whether the Commissioner is satisfied that it is a fit case for the issue of notice under Section 148", he just noted the word "yes" and affixed his signatures thereunder. We are of the opinion that if only he had read the report carefully, he could never have come to the conclusion on the material before him that this is a fit case to issue notice under Section 148. The important safeguards provided in Sections 147 and 151 were lightly treated by the Income Tax Officer as well as by the Commissioner. Both of them appear to have taken the duty imposed on them under those provisions as of little importance. They have substituted the form for the substance." 40. The approval is a safeguard and has to be meaningful and not merely ritualistic or formal. Central India Electric Supply Co. Ltd. v. ITO (2011) 333 ITR 237 (Delhi)(HC) 41. Delhi high court in case of Sahara reported at where u/s 142(2A) on CIT's requisite approval for special audit, Hon'ble Delhi high court speaking through Hon'ble Justice S.R. Bhatt has opined as under: (399 ITR 81) ".....The requirement of previous approval of....
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....ranting sanction. The satisfaction has to be with objectivity on objective material. 8. If the case in hand is analysed on the basis of the aforesaid principle, the mechanical way of recording satisfaction by the Joint Commissioner, which accords sanction for issuing notice under section 148, is clearly unsustainable and we find that on such consideration both the appellate authorities have interfered into the matter. In doing so, no error has been committed warranting reconsideration. 9. As far as explanation to Section 151, brought into force by Finance Act, 2008 is concerned, the same only pertains to issuance of notice and not with regard to the manner of recording satisfaction. That being so, the said amended provision does not help the revenue. 10. In view of the concurrent findings recorded by the learned appellate authorities and the law laid down in the case of Arjun Singh (supra), we see no question of law involved in the matter, warranting reconsideration." Notably: Against the said order, the Hon'ble Apex Court dismissed the SLP filed by the Department refer : (2015) 64 taxmann.com 313 (SC)and affirmed the order of the Hon'ble M.P. ....
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.... 45. Hon'ble Orissa high court in case of Sri Viresh Hemani .... Petitioner in W.P.(C) No. 15305 of 2014 vide order dated 23.04.2021 on issue of mechanical approval u/s 151 has observed thus "... 13. Relying on the decision in Principal Commissioner of Income Tax, Kerala v. N.C. Cables Ltd. (2017) 391 ITR 11(Del), Mr. Ray submitted that there was a failure by the competent authority in terms of Section 151 of the IT Act to authorize the reopening of the assessment. Factually, the above position has not been able to be disputed by Mr. Mohapatra, learned Standing Counsel on behalf of the Department. Indeed the impugned letter dated 10th / 20th May, 2013 issued by the Joint Commissioner of Income Tax, Rourkela Range, to the ITO simply states 'Approval is hereby accorded u/s. 151(2) of the I.T. Act, 1961 for initiation of proceeding u/s. 147 of the I.T. Act, 1961 in the case of Sri Viresh Hemani....'. There is no indication of any application of mind by the authority...." We strongly rely on this latest order of Hon'ble Orissa high court. 46. Mumbai Bench of ITAT in case of M/s SEAWOOD HOSPITALITY & REALTY PVT LTD IN ITA No. 92/Mum/2019 (Assessment Year :2010-11) vide orde....
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....oncluded that the ld. PCIT, being a competent authority had granted mechanical approval without due application of mind on the prescribed proforma for reopening of assessment in terms of Section 151 of the Act. We find that the case law relied upon by the ld. DR of Hon'ble Andhra Pradesh High Court in the case of P. Munirathnam Chetty and P. Satyanarayana Chetty reported in 101 ITR 385 does not advance the case of the revenue and there is no need for us to go into it at this juncture in view of various other High Court decisions and Supreme Court decision in favour of the assessee on the similar issue. Respectfully following the aforesaid judicial precedents, we have no hesitation to hold that the entire re-assessment has been initiated without obtaining proper sanction in terms of Section 151(1) of the Act from the ld. PCIT and hence, we hold that the approval accorded by the ld. PCIT in a mechanical way is unsustainable in law, hence, on this very jurisdictional issue, we set aside the orders of the lower authorities and allow the appeal of the assessee." 47. Further, recently Ahmadabad Bench of ITAT in recent case of Shri Tyrone Patrick Lemos dated 20/11/2020. In this orde....
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.... 151 of the Act, the consequential action of the AO under s. 147 of the Act cannot be upheld. 9.2 The JCIT/Addl.CIT is the statutory authority in the instant case in whom the jurisdiction or power is reposed in Section 151 of the Act to grant approval to the action of the AO on being 'satisfied' about the validity of the action of the AO. The AO cannot proceed to exercise the powers to reopen a case in exclusion to the 'satisfaction' of the competent authority as embodied in Section 151 of the Act. The JCIT/Addl. ACIT thus must satisfy the mandate of Section 151 of the Act on the regularity of his action. Section 151 of the Act, in effect, imposes a check upon the power of the AO having regard to the drastic nature of the provisions of Section 147/148 of the Act. 9.3 In this backdrop, a cardinal question that arises is whether the AO, in the facts of the case, would be ousted in law to initiate the impugned re-assessment proceedings under s. 147 of the Act on the basis of consolidated approval granted by the superior authority under the umbrella of Section 151 of the Act for several assesses in a combined approval memo dated 25.01.2016 (i) when such memo is stoically silent on diss....
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....vis obligation cast on AO towards 'reasons to believe' under S. 147 of the Act. Nevertheless, a process of reasoning for arriving at a satisfaction on " why approved" and " how income is alleged to be escaped in the light of material he is privy to" by the JCIT, howsoever, in brief, is expected by the Court/ appellate authority to gauge the application of mind on the reasons recorded. A mere finding towards purchase of property may not necessarily galvanise the satisfaction of involvement of unexplained money in all cases universally. For instance, the investment made can arguably be out of existing source or capital of earlier years or out of other means which is not in the nature of chargeable income. The difference between connotations 'reasons to believe' and reason to suspect' are vital and substantial. The Supervisory Authority was under some duty to apply its mind to the relevancy of material before sanction of proceedings. In the light of judicial precedents noted above and many more, a summary approval by the JCIT without expressing any satisfaction on presence of underlying materials showing escapement while exercising the functions under s. 151 of the Act cannot be count....
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.... his being satisfied to accord the sanction to initiate the reopening of assessment u/ss 147/148 of the Act. 18. Even the AO has not applied his judicial mind independently while recording the reasons for initiating proceedings u/s 147/148 of the Act. Bare perusal of the reasons recorded shows that the entire emphasis is placed on the report of the Investigation Wing, which has otherwise been based upon the statements of Pradeep Kumar Jindal, Shri Subodh Kumar Khandelwal, Ms. Seema Khandelwal & Ms Meera Mishra who have furnished the list of companies stated to be not doing any business but engaged in providing accommodation entries. Before issuing the notice, the AO has not examined the profile of the said companies to arrive at the logical conclusion so as to issue notice u/s 148 of the Act...... 20. Neither any reason has been recorded which is sufficient to believe that income to the tune of Rs. 15,00,000/- received from M/s. Hajima Resorts Ltd. has escaped assessment nor any such notice has been given to the assessee. All these facts goes to prove that the AO has not applied his judicial mind before recording the "reasons to believe" that such and such income has ....
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....e's appeal on merits-Revenue appealed against appellate order on merits-Assessee's cross appeal was on correctness of reopening of assessment- Tribunal upheld assessee's cross objections and dismissed Revenue's appeal holding that there was no proper application of mind by concerned sanctioning authority u/s Section 151 as a precondition for issuing notice u/s 147/148- Held, Section 151 stipulates that CIT (A), who was competent authority to authorize reassessment notice, had to apply his mind and form opinion-Mere appending of expression 'approved' says nothing- It was not as if CIT (A) had to record elaborate reasons for agreeing with noting put up-At same time, satisfaction had to be recorded of given case which could be reflected in briefest possible manner- In present case, exercise appears to have been ritualistic and formal rather than meaningful, which was rationale for safeguard of approval by higher ranking officer-Revenue's appeal dismissed." I find the Hon'ble Madhya Pradesh High Court in the case of CIT vs. S. Goyanka Lime & Chemicals Ltd. reported in 231 taxmann 73 (MP) has held that where the Joint Commissioner recorded satisfacti....
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...."Section 151, read with section 148 of Income Tax Act, 1961 - Income escaping assessment - Sanction for issue of notice (Recording of satisfaction) - High Court by impugned order held that where Joint Commissioner recorded satisfaction in mechanical manner and without application of mind to accord sanction for issuing notice under section 148, reopening of assessment was invalid - Whether Special Leave Petition filed against impugned order was to be dismissed - Held, Yes (in favour of the Assessee)." 6. Keeping in view of the facts and circumstances of the present case and respectfully following the case laws applicable in the case of the assessee, we are of the considered view that the reopening in the case of the assessee for the assessment year in dispute is bad in law and deserves to be quashed, hence, the same is quashed and the addition in dispute is deleted. Since we have decided the legal issues in favour of the assessee and quashed the reassessment and also deleted the addition in dispute, hence there is no need to adjudicate the other grounds." 53. Finally we strongly rely on recent Hon'ble Delhi High Court decision in case of Synfonia ltd 26.03.2021 wherein r....
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....tigation wing (dated 30.03.2016), establishes our case that entire assessment is simply based on borrowed satisfaction of investigation wing. This we submit on 2nd issue framed above. 55. Finally we humbly submit that lack of any prior inquiry in between receipt of investigation wing information and formation of reasons makes the reopening invalid in eyes of law. Further we humbly submit that extant reasons are recorded without any tangible material as mere investigation wing information cannot be called as tangible material. Even there is lack of coherence in reasons recorded and information referred as mere credit in bank account does not make the credit as income of assessee concerned ipso facto, as there is no reference to complete information vis a vis Jagatjit Industries case which aspect is analysed in detail in assessee's own case by Hon'ble ITAT order dated 19.01.2021 which order is relied here to establish debility in reasons recorded. Entire reopening is made on basis of mere credit in bank account which is already held in assessee's own case cannot be called as real income in hands of assessee by the Hon'ble ITAT (refer Hon'ble Apex court decision in Shoorji Valllabh....
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....O in drawing adverse inference against assessee herein. That is had proper and valid scn being given to assessee on reasoning to be met by assessee and had assessee been given proper opportunity in this regard at assessment stage, may be addition which is made would not have been made is our humble submission on fourth issue. So lack of valid SCN has jeopardized the complete impugned assessment. We rely for above on: Recently Hon'ble Delhi Bench of ITAT in the case of M/s Marubeni India Pvt. Ltd. in ITA No. 978/Del/2015 for A.Y. 2005-06 dated 24.06.2020 14. Regarding the lack of opportunity afforded, while making the addition as canvassed by the ld. AR. The ld. CIT (A) held that the calculation of the adjustment and determination of the ALP has been made based on the working given by the assessee. Thus, at this juncture two issues needs to be addressed, a) Whether in the absence of show-cause notice as to the quantum proposed, the addition made by the revenue can be held to be legally valid. b) Whether the allocation of expenses be on the basis of gross sales or on the basis of gross profit. 15. Having gone through the show-cause notice and the ad....
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....o prevent miscarriage of justice. These rights can operate only in areas not covered by any law validly made. The rules of natural justice are not embodied rules. What particular rule of natural justice should apply to a given case must depend to a great extent on the facts and circumstances of that case, the framework of the law under which the inquiry is held and the constitution of the tribunal. Whenever, a complaint is made before a court that some principle of natural justice has been contravened, the court has to decide whether the observation of that rule was necessary for a just decision on the facts of that case. 60. The ld. AR further submitted as under: "Every Assessing Officer, TPO, CIT (A) or any other functionary implementing statute or law whether implementing judicial functions or an administrative functions is a judicial authority with regard to the role and duties he is supposed to perform. While exercising such judicial authority, observance of principles of natural justice is a sine qua non. 17. Keeping in view the above and the well laid down principles and keeping in view that there is substantial discrepancy between the show-cause issue and the ad....
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.... Hon'ble Supreme Court of India M/S Kesar Enterprises Ltd vs State Of U.P. & Ors on 6 July, 2011 Author: D .K.Jain 21. Having considered the issue, framed in para 12 supra, on the touchstone of the afore-noted legal principles in regard to the applicability of the principles of natural justice, we are of the opinion that keeping in view the nature, scope and consequences of direction under sub-rule (7) of Rule 633 of the Excise Manual, the principles of natural justice demand that a show-cause notice should be issued and an opportunity of hearing should be afforded to the person concerned before an order under the said Rule is made, notwithstanding the fact that the said Rule does not contain any express provision for the affected party being given an opportunity of being heard. Undoubtedly, action under the said Rule is a quasi judicial function which involves due application of mind to the facts as well as to the requirements of law. Therefore, it is plain that before raising any demand and initiating any step to recover from the executant of the bond any amount by way of penalty, there has to be an adjudication as regards the breach of condition(s) of the bond or th....
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....pudiate the bald allegations levelled by Ld AO summarily stamped by Ld CIT-A. These requirement of natural justice is emphasized in following case laws: ⮚ Hon'ble Apex court in case of 26 ITR 1 Suraj Mal Mohta case ⮚ Hon'ble Apex court in case of 26 ITR 775 Dhakeshwari cotton case ⮚ Hon'ble Apex court in case of Kishanchand Chella ram 125 ITR 713 ⮚ Hon'ble Apex court in case of Sona Builders case 251 ITR 197 ⮚ Hon'ble Apex court in case of Odeon Builders case 418 ITR 315 ⮚ Hon'ble Apex court in case of NDTV 424 ITR 607 ⮚ Hon'ble Apex court three judge bench recent case of Sudhir Kumar Singh case vs UOI Citation: AIR 2020 SC 5215 Thus total absence of SCN in instant case has resulted and caused substantial prejudice to assessee as he could not defend its case as per fair hearing constitutional norm. This fact is also confirmed from impugned assessment order and case order sheet copy placed on case records." 61. On 5th issue our first leg of contention is: we humbly submit that entire assessment is based on direction and dictate of investigation wing as....
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.... either in the hands of M/s. JIL or M/s. Alfa India or the Assessees who may be the conduit as argued before us. The A.O. has failed to consider the concept of real income for the purpose of determining the correct tax liability and correct determination of income of the assessees. We rely upon the Judgment of the Hon'ble Supreme Court in the case of Godhra Electricity Co. Ltd., 225 ITR 746 (SC). This fact is also not verified and considered by the JCIT while granting approval under section 153D of the I.T. Act. It may be noted here that entire sale proceeds when cannot be added in the hands of M/s JIL as income which is also not done in the case of M/s. JIL, rightly so, how the same sale proceeds could be added as income in the hands of assessees under section 68 of the I.T. Act is not understandable." 63. Had proper and valid scn being given assessee would have been able to submit above legal position which has now got imprimatur of this Hon'ble Tribunal in assessee's own case on identical fact situation. We request for stare decisis and egalitarian view to be taken in extant case for sake of judicial comity enshrined in article 14 of Indian constitution. In worst case scenari....
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....made u/s 68 qua bank credits). 67. That there is serious infraction of sacred right of assessee to be allowed to follow GKN driveshaft procedure as Ld AO has transgressed the same by issuance of notice u/s 143(2) and questionnaire u/s 142(1) dated 21.04.2016 which vitiates the entire assessment; 68. That impugned assessment framed in absence of any valid mandatory scn where more than 230 times returned income is varied causes serious and grave prejudice to assessee and makes the assessment non est; we humbly rely on the same. We strongly rely on Delhi bench ITAT decision in Marubeni case. 69. That mechanical invocation of section 68 of the Act to entries in bank account sans books of accounts maintained by assessee (on direction in forwarding letter of investigation wing supra) is rejected in various Hon'ble high court decisions and recent coordinate bench ITAT decisions based on sec. 2(12A) of the Act; 70. That Hon'ble ITAT in assessee's own case in identical fact situation has disapproved the revenue approach to tax the assessee on entire bank credits. 71. Against the arguments and written submissions of the ld. AR Ms. Paramita Biswas, the Departmental Representati....
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....would like to rely on the decision of Hon'ble Delhi High Court in Brijbasi Education and Welfare Society vs. Principal Commissioner of Income Tax Central III, New Delhi in [2021] 125 taxmann.com 95 (Delhi) dated 22.12.2020, where it was held that Assessee was an educational trust. Assessing Officer received information from DDIT (Investigation), based on a report of Central Bureau of Investigation (CBI) that chairman of assessee-trust had made huge cash deposits in accounts of assessee with intent to evade tax. Assessing Officer on basis of aforesaid information reopened assessment and made additions under section 68 on account of unexplained receipts. Assessee contended that evidences were provided for confirmation of donations along with relevant bank statements to prove genuineness, creditworthiness and identity of donors. It was noted that donors which initially during original assessment submitted confirmation of donation, confessed that they had not given any such donations during investigation by CBI. Also while making enquiries. Assessing Officer received documents from CBI which revealed that assessee-trust had received certain sum from one MG who was involved in providing....
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....orting the income or over-reporting of the losses. On receipt of a notice, an individual must respond timely to the tax department along with the supporting proof to defend themselves. Scrutiny assessment or detailed assessment u/s 143(3) means scrutiny carried out to confirm the correctness and genuineness of various claims, deductions, etc. made in the Income Tax Return. The basic purpose of this scrutiny assessment is to ensure that assessee has filed the return with the correct income and paid the tax accordingly. 12. A notice under section 142(1) can be issued if the assessing Officer requires additional information and documents in support of the return of income furnished by the assessee. In this case, the Assessee is challenging the issue of notices under section 143(2) and 142(1) on the ground that the Assessing Officer was not in possession of any information to justify the reopening under section 148. Nothing could be further from the facts of the case. 13. In this regard, it is submitted that verification of the claim of assessee can only be done from inspection of the Assessment records. These are with the Assessing Officer and time may kindly be gran....
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....r section 147. Hon rile Court also held in favour of revenue that since genuineness of donors could not be established, donations were to be treated as bogus, and additions made under section 68 were justified. B. Hon'ble HIGH COURT OF GUJARAT in the case of Garvit Diamonds Pvt. Ltd. vs. Income Tax Officer in [2021] 127 taxmam.com 28(Gujarat) has held that Assessing Officer is entitled to initiate reassessment proceedings on basis of tangible material which comes in his hand, which tends to expose untruthfulness of entry of purchase made in books of accounts. Further, Competent Authority had given satisfaction in writing and had expressed his satisfaction with regard to reasons recorded and accorded sanction to issue impugned notice. Therefore, approval for reassessment was granted on date on which impugned notice was issued. C. Hon'ble Gujarat High Court in the case of Nisha Diamonds (P.) Ltd. vs. Income Tax Officer, Ward-1(1)(4) in [2021] 127 tax.mann.com 689 (Gujarat) has held that where assessee was aware that transaction with company 'A' was not business transaction but in form of bogus purchase, however, failed to disclose true and correct facts at r....
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....y issued by DCIT Central Circle 1 Faridabad on 26.09.2016 and it was received by Assessee's Wife by hand on 27.09.2016. Thus, assessee's contention regarding non issuance of notice under section 143(2) is blatantly incorrect. 1.7 Assessee has argued that reasons recorded are conclusions without any factual enquiry/back material on record. I would like to say that reasons were recorded after carefully going through information received from the Investigation wing, assessee's statement taken in the course of survey dated 29.12.2015 and copies of bank statements received alongwith information from the Investigation Wing. Thus, there was enough material on record to reopen the reassessment proceedings. 18. Regarding the assessee's contention of mechanical and rubber stamp approval by Pr. CIT Faridabad, I would like to mention that Pr. CIT Faridabad has given her approval in her own hand writing after going through the reasons recorded by Assessing Officer and the information received from the Investigation Wing, which include the statement of Sh. Arun Duggal recorded on 29.12.2015 and copy of bank statement of Alfa India maintained with South Indian Bank bearing accou....
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....y person who has made a return under section 115WD or section 139 or in whose case the time allowed under sub-section (1) of section 139 for furnishing the return has expired a notice requiring him, on a date to be therein specified,- (i) where such person has not made a return within the time allowed under sub-section (1) of section 139 or before the end of the relevant assessment year, to furnish a return of his income or the income of any other person in respect of which he is assessable under this Act, in the prescribed form and verified in the prescribed manner and setting forth such other particulars as may be prescribed, or: Provided that where any notice has been served under this subsection for the purposes of this clause after the end of the relevant assessment year commencing on or after the 1st day of April, 1990 to a person who has not made a return within the time allowed, under sub-section (1) of section 139 or before the end. of the relevant assessment year, any such notice issued to him shall be deemed to have been served in accordance with the provisions of this sub-section. (ii) to produce, or cause to be produced, such accounts or docu....
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....od at relevant time only enabled assessment for six specified years u/s 153A and one year in which search is conducted for mandatory scrutiny assessment in section 143(3), which revenue action plainly operates contrarily to legislative intent as evident and manifest from i) strong non obstante operating clause in section 153A and ii) subsequent amendment in section 153A by finance act 2017 enlarging scope of years which can be assessed after search operation? Revenue's Submission- In this regard, it is submitted that this ground of appeal was also taken by assessee before Ld. CIT(A). Kind reference is invited to para 3 of Ld. CIT (A) on page no. 3.0 wherein Ld. CIT (A) has adjudicated that the search was conducted in AY 2016-17 and notice u/s 153A could be issued from AY 2010-11 to 2015-16 and therefore AY 200910 is excluded from the same. Therefore, assessment under section 147/148 has been done as per the provisions of the Act. 5.2 Whether in light of collective reading of final paragraph of forwarding letter of investigation wing (reed in office of AO on 31.03.2016), reasons drafted on 31.03.2016 and approval of PCIT (I AM SATISFIED) dated 31.03.2016, is it not....
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....original assessment submitted confirmation of donation, confessed that they had not given any such donations during investigation by CBI. Also while making enquiries, Assessing Officer received documents from CBI which revealed that assessee-trust had received certain sum from one MG who was involved in providing accommodation entries. The Hon'ble Court held that, since Assessing Officer had specific information about cash deposits, supported by statement of witnesses, there were reason to believe that income of assessee had escaped assessment and, thus, justifying reopening of assessment under section 147. Hon'ble Court also held in favour of revenue that since genuineness of donors could not be established, donations were to be treated as bogus, and additions made under section 68 were justified. Hon'ble HIGH COURT OF GUJARAT in the case of Garvit Diamonds Pvt. Ltd. vs. Income Tax Officer in [2021] 127 taxmann.com 28(Gujarat) has held that Assessing Officer is entitled to initiate reassessment proceedings on basis of tangible material which comes in his hand, which tends to expose untruthfulness of entry of purchase made in books of accounts. Further, Competent Authority....
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....as per dictate and direction of investigation wing on borrowed satisfaction as Ld AO never allowed or gave assessee any time /room to place its objections on reasons supplied on 21.04/2016 as per dictum of Hon'ble apex court, in GKN drive shaft case 259 ITR 19 and hurriedly started assessment proceedings in extreme haste by issuing notice u/s 143(2) and sec 142(1) questionnaire on very same day (21.04.2016), when reasons were first supplied to assessee, thus displaying i) dictated action of reopening and ii) strangulation of sacred procedure of GKN Driveshaft case? Revenue's submission (i) Assessee has argued about no meaningful enquiry by AO however as can be seen from Assessment order, order has been passed after giving assessee many opportunities to justify the credits in his bank accounts. (ii) Assessee has argued about not providing bank statements on the basis of which additions have been made. 1 would like to say that assessee has inspected the records on 21.04.2016 and it has mentioned in its letter dated 29.04.2016 that it had inspected the file on 21.04.2016 and also seen the letter of ADIT(Inv)- II Faridabad on the basis of which reasons have b....
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....ked to file copy of bank statements, file source of cash amounting to Rs. 12,81,75,000/- deposited in the bank accounts maintained by the assessee with South Indian bank mentioned at bottom of the Notice. (Copy of notice u/s 142(1) dated 21.04.2016 is enclosed at page 7 supra). Case was adjourned to 03.05.2016. Thereafter, vide notice u/s 142(1) dated 26.09.2016 issued by DOT, Central Circle-1, Faridabad, assessee was again asked to file information as already called for and case was fixed for 06.10.2016. Subsequently, vide Notice u/s 142(1) dated 29.11.2016 issued by DCIT, Central Circle-1, Faridabad, assessee was again asked to furnish the copies of all bank accounts maintained by it and explain all credit entries with documentary evidence vide point (iv) and assessee was also asked to justify the credit entry amounting to Rs. 12,81,75,000/- received from M/s Alfa India during the year vide point (v).(Copy of notice u/s 142(1) enclosed at page 9 supra). It is submitted that in the notice u/s 142(1) dated 21.04.2016, the Assessing Officer has requested assessee to file the following details: Please furnish copy of all bank accounts maintained b....
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....ntially interested), and the sum so credited consists of share application money, share capital, share premium or any such amount by whatever name called, any explanation offered by such assessee-company shall be deemed to be not satisfactory, unless- (a) the person, being a resident in whose name such credit is recorded in the books of such company also offers an explanation about the nature and source of such sum so credited; and (b) such explanation in the opinion of the Assessing Officer aforesaid has been found to be satisfactory: According to Section 68 of Income Tax Act 1961, where any sum is found credited in the books of an assessee maintained for any previous year, and the assessee offers no explanation about the nature and source of the same or the explanation offered by him is not satisfactory in the opinion of A.O., the sum so credited may be charged to income tax as the income of the assessee of that previous year. The basic precondition for the Section 68 is that the assessee should file a valid confirmation. Valid confirmation has no specific format but it must contain name, complete address of the lender. It is better if PAN of t....
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....ion 68, nor does it do away with the burden which is on the assessee to establish the requisites of cash credits as held in the cases of Pushkar Mamin Sarraf vs. CIT [1990] 183 ITR 388 (All) and Daya Chand vs. CIT [2,001] 250 ITR 327 (Delhi). There is no stipulation that section 68 can only be invoked in case of search and seizure action only. 5.6 Whether recent order of Hon'ble E bench of Delhi ITAT dated 19.01.2021 in assessee's own case (covering/dealing identical /same issue of addition based on same bank credit) invalidates the stand of revenue in extant case on merits of the matter? Revenue's submission - In this regard, it is submitted that Hon'ble ITAT vide its order dated 19.01.2021 has allowed the Assessee's appeal by quashing the assessment proceedings on the issue of approval under section 153D of the Act. it is pertinent to mention here that Hon Tie ITAT has not gone into the merits of appeals in its order dated 19.01.2021 thus no inference can be drawn from this order regarding merits in this case. Written Submission-III dated 16.08.2021 1. Assessee has argued that reasons recorded are conclusions without any factual enquir....
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.... Indian Bank. In the account opening form of South Indian Bank, Gurgaon Branch, it is seen that Mr. Arun Duggal, the assessee has given special instruction that "Mr. Sanjay Duggal Proprietor (??) will operate the account." [Emphasis supplied] 5. This makes it amply clear that not only is Sh. Arun Duggal, the proprietor of M/s Alfa India, but he has also opened both bank accounts of M/s Alfa India with South Indian Bank at Chittranjan Park and Gurgaon. Denial by Arun Duggal of any knowledge of M/s. Alfa India in his statement recorded by Investigation wing during survey u/s 133A on 29.12.2015 is patently false. 6. In this regard the submission by Shri. Sanjay Duggal, brother of Shri. Arun Duggal, was recorded during post-search proceedings on 24.02.2016 at the office of ADIT Faridabad, during which he was confronted with his reply in statement recorded during the course of search between 29th to 31st December, 2015.... "In relating to M/s Alfa India you gave variable response while under oath. The response varied from- a) used for promotional activities through gift distribution in the nature of brand promotion on behalf of firms like Discovery Asia ....
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....ur Honour's kind attention to page no. 4 of Revenue's written submission dated 17.08.2021 wherein it can be seen that Asstt. Director of Income Tax(Inv.)-II, Faridabad has marked a copy of his letter F.No. ADIT/INV-II/FBD./2016- 17/4974 dated 30.03.2016 to Joint Commissioner of Income Tax, Range-I, Faridabad for kind information. Thus, Joint Commissioner of Income Tax, Range-I, Faridabad also had a copy of the information intimated to Assessing Officer vide above cited letter of Asstt. Director of Income Tax(Inv.)-II, Faridabad. Hence, by no stretch of imagination can it be said that the approval given by Pr. CIT Faridabad for reopening recorded u/s 147 is either without application of mind or so called dotted line borrowed satisfaction as has been claimed repeatedly before this Hon'ble Bench by Ld. AR of appellant. 2. Further, I would like to place reliance on following case laws- 1. Hon'ble Delhi High Court in the case of Experion Developers (P.) Ltd. vs. Assistant Commissioner of Income Tax in [2020] 115 taxmann.com 338 (Delhi) has held that where necessary sanction to issue notice under section 148 was obtained from Pr. Commissioner as per provision of section....
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....duction was allowed to assessee under section 80-IA so as to cause loss to revenue, then it was to be construed that assessee had not disclosed fully and truly all material facts, and authorities had got every reason to believe that assessment was to be reopened and excess claim allowed to assessee should be disallowed and writ petition against said reopening was to be dismissed - Held, yes [Paras 16 - 17] [In favour of revenue] II. Section 147 of the Income-tax Act, 1961 - Income escaping assessment - Non disclosure of primary facts (General) - Assessment years 2006-07, 2007-08 and 2009-10 - Whether scope of section 147 is wider enough to cover under-assessment also and when on account of certain information provided by assessee, a wrong assessment had been made and excess deduction was allowed, so as to cause loss to revenue, then, it is to be construed that assessee had not disclosed fully and truly all material facts - Held, yes [Paras 16 - 17] [In favour of revenue] III. Section 147 of the Income-tax Act, 1961 - Income escaping assessment - Non disclosure of primary facts (Reason to believe) - Assessment years 2006-07, 2007-08 and 2009-10 - Whether when prima....
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....s, finally formed a belief that income had escaped assessment. Whether, on facts, impugned reopening notice issued against assessee after four years was justified - Held, yes [Paras 16, 17, 21 and 23] [In favour of revenue] 6. In Deputy Commissioner of Income-tax vs. Leena PowerTech Engineers Pvt. Ltd. [2021] 130 taxmann.com 341 (Mumbai - Trib.) -Coordinate Bench of Hon'ble ITAT decided that where assessment was reopened in case of assessee on basis of certain information flowing in from investigation wing which indicated that assessee had received monies, in form of share application money, from an entity by name of 'R' but that money, though subjected to routing through several layers, ultimately had its source in form of huge cash deposits in one branch of ICICI Bank, burden was on assessee to prove nature and source of credits in his books of account, to satisfaction of Assessing Officer. However, assessee failed to justify huge share premium received by it and material on record did not point towards impugned transaction being a regular transaction in normal course of business, hence, impugned additions made by Assessing Officer were justified. 7. In ....
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....es from whom it received premium were operated by one, 'TG', Chartered Accountant who had set up about 90 companies for providing accommodation entries - Accordingly, he made an additions under section 68 in respect of impugned share application money received by assessee - It was noted that assessee had failed to produce directors of shareholder companies, though directors had filed confirmations and, therefore, were in touch with assessee - Further, it was found that directors of all these five companies were either employees of 'TG' or close relatives - All five shareholder companies were located at a common address - During search on premises of TG', it was found that all passbooks, cheque books, PAN cards etc. belonging to said companies were in possession of 'TG' - High Court by impugned order held that, on facts, impugned additions made under section 68 in respect of share application money was justified - Whether Special Leave Petition filed against impugned order was to be dismissed - Held, yes [Paras 12 and 13] [In favour of revenue]. 72. Heard the arguments of both the parties and perused the material available on record. We have examined t....
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....ellate Tribunal...... 75. The provisions of Section 153A and Section 148 operate under different arena and different situations and for different purpose. The provisions of Section 153A reads as under: "Section 153A Assessment in case of search or requisition "153A. (1) Notwithstanding anything contained in section 139, section 147, section 148, section 149, section 151 and section 153, in the case of a person where a search is initiated under section 132 or books of account, other documents or any assets are requisitioned under section 132A after the 31st day of May, 2003, the Assessing Officer shall- (a) issue notice to such person requiring him to furnish within such period, as may be specified in the notice, the return of income in respect of each assessment year falling within six assessment years [and for the relevant assessment year or years] referred to in clause (b), in the prescribed form and verified in the prescribed manner and setting forth such other particulars as may be prescribed and the provisions of this Act shall, so far as may be, apply accordingly as if such return were a return required to be furnished under section 139;....
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....s beyond six assessment years but not later than ten assessment years from the end of the assessment year relevant to the previous year in which search is conducted or requisition is made. Explanation 2.- For the purposes of the fourth proviso, "asset" shall include immovable property being land or building or both, shares and securities, loans and advances, deposits in bank account.] (2) If any proceeding initiated or any order of assessment or reassessment made under sub-section (1) has been annulled in appeal or any other legal proceeding, then, notwithstanding anything contained in sub-section (1) or section 153, the assessment or reassessment relating to any assessment year which has abated under the second proviso to sub-section (1), shall stand revived with effect from the date of receipt of the order of such annulment by the Principal Commissioner or Commissioner: Provided that such revival shall cease to have effect, if such order of annulment is set aside. Explanation.-For the removal of doubts, it is hereby declared that,- (i) save as otherwise provided in this section, section 153B and section 153C, all other provisions of th....
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....nt powers in respect of the six years previous to the relevant AY in which the search takes place. The AO has the power to assess and reassess the 'total income' of the aforementioned six years in separate assessment orders for each of the six years. In other words there will be only one assessment order in respect of each of the six AYs "in which both the disclosed and the undisclosed income would be brought to tax". iv. Although Section 153 A does not say that additions should be strictly made on the basis of evidence found in the course of the search, or other post-search material or information available with the AO which can be related to the evidence found, it does not mean that the assessment "can be arbitrary or made without any relevance or nexus with the seized material. Obviously an assessment has to be made under this Section only on the basis of seized material." v. In absence of any incriminating material, the completed assessment can be reiterated and the abated assessment or reassessment can be made. The word 'assess' in Section 153 A is relatable to abated proceedings (i.e. those pending on the date of search) and the word 'rea....
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....ent, reassessment or re-computation as specified in sub-section (2) of section 153, every such notice referred to in this clause shall be deemed to be a valid notice: Provided further that in a case- (a) where a return has been furnished during the period commencing on the 1st day of October, 1991 and ending on the 30th day of September, 2005, in response to a notice served under this section, and (b) subsequently a notice has been served under clause (ii) of sub-section (2) of section 143 after the expiry of twelve months specified in the proviso to clause (ii) of sub-section (2) of section 143, but before the expiry of the time limit for making the assessment, reassessment or re-computation as specified in sub-section (2) of section 153, every such notice referred to in this clause shall be deemed to be a valid notice. Explanation.-For the removal of doubts, it is hereby declared that nothing contained in the first proviso or the second proviso shall apply to any return which has been furnished on or after the 1st day of October, 2005 in response to a notice served under this section. (2) The Assessing Officer shall, before issuing any....
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....sessment officer shall have no reason to suspect the assessee if he/she has provided disclosure regarding the particulars related to his/her taxable income as well as disclosed the practical and factual information that has led to the completion of his or her assessment and reassessment. * The Assessment officer cannot issue a notice based on the facts and information gained by reading the documents and information that assessee has already submitted during the course of the assessment. The Assessing Officer can only issue a notice if and only if he/she has been presented with the new information and not by reading it by himself/herself. * If any fact or information arises, which has been disclosed previously relevant to the assessment in question, the assessing officer can immediately issue a notice under Section 147/148, even if the information has come to notice in a later period. * As per the provisions of Section 149, no notice u/s 148 shall be issued, if four years have elapsed from the end of relevant assessment year or four years but not more than six years have elapsed from the end of relevant assessment year unless the income chargeable to tax w....
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.... pass test of legal scrutiny on its own u/s 148(2) and can it be said to be based on valid and justified reasons leading to valid ''believe " or is it merely based on suspicion and borrowed satisfaction as evident from first five /six lines of reasons recorded? On basis of 103 ITR 437 (lakmani mewal dass) and 435 ITR 642 (synfonia case) we strongly plead that instant reasons lack live nexus as they are based on borrowed satisfaction and further they are based on mere suspicion which is evident from first opening paragraph of instant reasons recorded and revenue's belated attempt to show from account opening forms related inquiry conducted in august 2021 when case is going at Hon'ble ITAT. 84. The ld. AR has also raised the issue as to whether instant approval of PCIT dated 31.03.2016 u/s 151 of the Act in terms of endorsement of "1 AM SATISFIED" can sustain on its own given the present facts? We rely on Hon'ble jurisdictional recent Delhi High Court two decisions reported at 437 ITR 1 & 435 ITR 642 to plead same are non starter and further held to be inadequate in so many cases by this Hon'ble ITAT. 85. Further, the ld. AR argued as to whether when repeated request made f....
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....sessing Officer, that it is a fit case for the issue of such notice. (3) For the purposes of sub-section (1) and sub-section (2), the Principal Chief Commissioner or the Chief Commissioner or the Principal Commissioner or the Commissioner or the Joint Commissioner, as the case may be, being satisfied on the reasons recorded by the Assessing Officer about fitness of a case for the issue of notice under section 148, need not issue such notice himself." 90. The approval given by the ld. PCIT in accordance with the provisions of Section 151 is as under: 91. The said statutory approval by the ld. PCIT has been conveyed to the Assessing Officer through his office and the files examined by the ld. PCIT before according approval have been duly returned to the Assessing Officer. The said letter is as under: 92. From the above, the following undisputed facts emerge from record that, From the report of ADIT(Inv.) dated 30.03.2016 ⮚ A bank account related intelligence was received in the office of the ADIT(Inv.) which has been investigated. (page 1) ⮚ The bank accounts were in the name of Sh. Arun Duggal who is proprietor of the entity named M/....
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....r. In the entire information received or the reasons recorded there have been no theories, surmises or suspicion. The information gathered was entirely of factual content. The credits in the bank are not disputable nor the bank account i.e. pertaining to the assessee. We also find that the Assessing Officer had a credible information in his possession and the reasons have been duly recorded after application of mind. It is also an undisputable fact that the assessee has denied owing any such bank account during the statement recorded by the department. The statement of the assessee has recorded on 29.12.2015 wherein while answering in question no. 9, he categorically said that "I am in no way associated with M/s Alfa India. I am hearing this name for the first time. I do not have any kind of interest in M/s Alfa India. Even my family members are not associated with this concern." The statement of the assessee is grossly wrong and misleading as the account opening forms and the other document given to the bank left no iota of doubt that the bank accounts have been opened by Sh. Arun Duggal at South Indian Bank, Chitranjan Park and Gurgoan. The statement of the assessee is patently f....
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.... returned. The ld. CIT (A) has sufficient material before him to arrive at a conclusion to accord statutory approval u/s 151(1). The action of the nonapplication of mind by the ld. PCIT can be upheld only in cases where the reasons recorded are wrong or the statutory provisions invoked are incorrect or where there is no nexus between the material available and the satisfaction and belief with regard to the escapement of income is incorrectly derived. This is not a case where the ld. PCIT has given a mechanical approval disregarding the factual inaccuracies recorded by the Assessing Officer. The copy of the bank statement bearing A/c No. 0419073000000213 maintained with South Indian Bank, Gurgaon and bank A/c No. 358073000002431 maintained at Chitranjan Park Branch are also a part of the record before the ld. PCIT which has been duly considered along with the reasoning of the AO on the report of the ADIT(Inv.) before according the approval. 95. We find in this case the due procedure, application of mind, satisfaction has been rightly derived by the revenue authorities. We rely on the judgment of Hon'ble Delhi High Court in the case of Experion Developers (P.) Ltd. vs. Assistant C....
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....n [2021] 127 taxmann.com 689 (Gujarat) has held that where assessee was aware that transaction with company 'A' was not business transaction but in form of bogus purchase, however, failed to disclose true and correct facts at relevant time, Assessing Officer was entitled to initiate reassessment proceedings on basis of tangible material which came into his hands through investigation wing. It was also held that where competent authority had given satisfaction in writing and accorded sanction under section 151 to issue impugned notice for reopening assessment, contention of assessee that valid sanction had not been obtained could not be accepted. 99. Hon'ble Supreme Court while delivering judgment in the case of Raymond Woollen Mills Ltd Vs. Income-Tax Officer And Others [1999] 236 ITR 34 (SC) laid down a ratio that the sufficiency or correctness of the material is not a thing to be considered by the courts. It was held..... "We have only to see whether there was prima facie some material on the basis of which the Department could reopen the case. The sufficiency or correctness of the material is not a thing to be considered at this stage. We are of the view ....
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.... has reasons, which he must; record, to believe that, by reason of omission or failure on the part of the assessee to make a true and full disclosure of all material facts necessary for his assessment during the concluded assessment proceedings, any part of his income, profits or gains chargeable to income-tax has escaped assessment. He may start reassessment proceedings either because some fresh facts had come to light which were not previously disclosed or some information with regard to the facts previously disclosed comes into his possession which tends to expose the untruthfulness of those facts. In such situations, it is not a case of mere change of opinion or the drawing of a different inference from the same facts as were earlier available but acting on fresh information. Since the belief is that of the Income-tax Officer, the sufficiency of reasons for forming the belief is not for the court to judge but it is open to an assessee to establish that there in fact existed no belief or that the belief was not at all a bona fide one or was based on vague, irrelevant and non-specific information. To that limited extent, the court may look into the conclusion arrived at by the In....
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..... Establishing escapement of income is the culmination of examination of material and investigation of the facts following the due procedure as envisaged in the Income Tax Act. What is necessary to reopen an assessment is not a final verdict but a prima facie reason. In the instant case, neither the information was wrong nor the reasons to believe were faltered. Hence, we uphold the action of revenue authorities on the issue of impugned u/s 148. 112. Further, from the record, we also find that the assessee was given the entire record for inspection. Hence, the argument of that the relevant information has not been given to the assessee cannot be accepted. The order sheet entries of the Assessing Officer reveals that "Sh. Vijay Singhla, CA filed a letter seeking inspection of record and filed a challan of Rs. 400/- for the same. Copy of the reasons has also been supplied to him, inspection of the record has also been made by the counsel." Hence, the contention of the assessee is against the facts on record. 113. The Hon'ble Apex Court in the case of GKN Driveshafts (India) Ltd. Vs ITO & Ors. In Appeal(civil) 7731 of 2002 held as under: We see no justifiable reaso....
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....her of mine). Even during the search proceedings and post search proceedings, the assessee along with other concerned was subject to statement on oath. Every time the assessee has clarified that the account of Alfa India along with other accounts of mine or my family members to which transfers were made to withdraw the cash was maintained/operated at the instructions of M/s Jagatjit Industries Ltd, the then employer of Mr. Sanjay Duggal (Real Brother of mine). However, if the Assessing Officer, is not satisfied with that and is in the process of making any additions to the income already offered for taxation, and making the assessee for higher taxation, it is requested with folded hands, that the assessee should be given an opportunity for cross examination to any of the officers designated over and above the post of Mr. Banga or Directors of the company itself and should be allowed to take copies of their books of accounts (relevant parts only) by myself/my counsel. Further, the copies of the Investigation Report, on which the Assessing Officer is relying, may please be provided with." 116. From the events narrated above in detail and the reply of the assessee clearly proves th....
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....emently argued that entire reopening and assessment is made on the basis of mere credit in the bank account and the credit cannot be called as real income in the hands of the assessee. The ld. AR argued referring to the decision of Hon'ble Apex Court in the case Shoorji Vallabh Dass 46 ITR 144. We have gone through the said judgment. The Hon'ble Supreme Court in Shoorji Vallabh Das (supra) has held that income tax is a levy on income and the Act takes into account two points of time at which the liability to tax is attracted i.e., accrual of income or its receipt but substance of the matter is the income. It has further been held that if the income does not result at all, there cannot be a levy of tax even though in book keeping entry is made about a hypothetical income which does not materialize. The Hon'ble High Court of Delhi in Ericsson Communications Ltd. has also taken a view that in the absence of any accrual of income, there is no obligation on the part of the assessee to deduct tax at source. Similar view has been taken by various other High Court's including in the case of Toyota Kirloskar Motor (P) Ltd. Vs ITO (Karnataka High Court). We find that the facts and ratio of t....
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....ave been received by an assessee is on him. When the nature and source of a receipt, whether it be a money or other property, cannot be satisfactorily explained by the assessee, it is open to the revenue to hold that it is the income of the assessee and no further burden lies on the revenue to show that the income is from any particular source. [Roshan Di Hatti Vs CIT (SC) 107 ITR 938, Kale Khan Mohammad Hanif Vs CIT 50 ITR 1]. 123. Where any sum is found credited in the books of the assessee for any previous year, it may be charged to Income Tax as the income of the assessee for that previous year if the explanation offered by assessee about the nature and source thereof is, in the opinion of the Assessing Officer, not satisfactory. [Vasantibai N. Shah Vs. CIT (Bom.) 213 ITR 805, Sreelekha Banerjee & Ors. Vs. CIT (SC) 49 ITR 112] 124. Cash credit can be assessed even if transaction is through cheques. [ K.C.N. Chandrasekhar Vs. ACIT (ITAT, Bang), 66 TTJ 355, CIT Vs. United Commercial & Industrial Co. (P) Ltd. (Cal.) 187 ITR 596] 125. Section 68 applicable even to share application money - use of the words "any sum found credited in the books" indicates that the section is....
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....urce of the credits, then it is deemed to be income of the assessee as undisclosed sources and is taxed accordingly. Provisions of section 68 apply to all credit entries in the cases including where credit entry has been made in the bank account of the assessee, if the assessee fails to offer any explanation fully corroborated and substantiated by evidences. The ambit of Section 68 is wide and inclusive and this provision applies to all credit entries either in the books of accounts or the bank account of the assessee because the bank account itself forms the account of the assessee where the assessee credits the amount for which he is required to explain the nature and source of such credit. The language of Section 68 applies to all credit entries in whomsoever name they may stand, that is, whether in the name of the assessee or even in the name of a third party as held in the case of Gumani Ram Siri Ram v. CIT [1975] 98 ITR 337 (Punj. & Har.). No presumption under any other section does not override or exclude Section 68, that is, it does not obviate the necessity to establish by independent evidence the genuineness of the cash credits under Section 68, nor does it do away with t....
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.... :- (a) Prepare a true and correct return of your income/the firm's income/ family income /the local authorities income /the Company's income/income of the AOP/income of the BOI/income of Individual in respect of which you are assessable under the Income Tax Act, 1961. During the previous year relevant to the assessment year mentioned above, the return should be in the prescribed form as prescribed in the Rule 12 of the Income Tax Rules, 1962. A Blank return form is enclosed here-with :. it should be duly verified and signed in accordance with the provisions of sec. 140 of the said act and delivered at my office on or before on at A.M. (b) Produce or cause to be produced before me at my office at Faridabad on at A.M the account and or documents specified below. (c) Furnish in writing and verified in the prescribed manner, details/information called for as below enclosed and on the points or matters specified therein, before me at my office at Faridabad on 03.05.2016 at 11:00 A.M. Yours faithfully, Jah, Pal ( Yash Pal Grover) Income-tax Officer, Ward-I (1), Faridabad. Please furnish Copy of all bank accounts maintained by you and also file source of cash amou....
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.... Arun Duggal (PAN: AGUPD 5708Q) Sir, A small background of the events is required to bring out the facts of the case clearly in case of your assessee Sh. Arun Duggal. A bank account related intelli account related intelligence was received in this office which was investigated. It pertained to an entity by the name of M/s Alfa India. The account was in the name of Sh Arun Duggal. 3E-42, N.I.T., Faridabad. Later, another bank account pertaining to M/s Alfa India was also found. The details of the account are as under: Table No. 1 Account Number Branch with its Address 0419073000000213 Plot No. 97, SCU, Sec - 31 Main Road, Gurgaon 0358073000002431 Door No. B-103, Ground Floor, Chittranjan Park. New wrd -70(1).6 . 1000. Delhi. -110002 The above two accounts has received credits amounting to Rs. 12,81,75,000/- during Assessment Year 2009-10 from following liquor distributors of Haryana. Table No. 2 S/No. Name of the Liquor Distributor making deposit. Amount (In Rs.) M/s Harish Aneja & Co 5,02,50,000/- M/s Scot Yard 5,20,00,000/ 3. M/s A: Wadia & Co. 2,07,25,000/- 4. M/s Soh. Lal Singla AOP 30,00,000/- 5. M/s Om Prakash Singla AOP 20,00,00....
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...., statement of Sh. Arun Duggal (proprietor of M/s Alfa India) was taken on 29-12-2015. He said that he was no way associated with M/s Alfa India and he was hearing the name for the first time. Sh. Sanjay Duggal and Sh. Rajnish Talwar have said that credits from liquor distributors were received into the account of M/s Alfa India upon written instruction of M/s Jagatjit Industries Limited. M/s Jagatjit Industries Limited has denied issue of any such instruction. Sh. Sanjay Duggal and Sh. Rajnish Talwar have not been able to substantiate their statement by production of any instruction (with regard to payment to be made into the account of M/s Alfa India by liquor distributors) or its copy. No explanation has been provided by the parties 1 and 3 enumerated in table no. 2 with regard to their transaction with M/s Alfa India. Also, explanation provided by party no. 2, 4 & 5 are same as provided by Sh. Sanjay Duggal and Sh. Rajnish Talwar. However, they have also not been able to substantiate their explanation in the form of evidence despite giving of opportunity to them. Some instruction has been provided by Sh Sohan Lal Singla AOP but the instructions are undated and look improper.....
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.... as the transactions are not genuine. The information is being shared as the matter is getting time barred on 31-03-2016. The investigation is not yet complete and further findings would be shared at the earliest Himanshu Roy (Dr. Himanshu Roy) Asst. Director of Income Tax (Inv.)-II, Faridabad SOUTH INDIAN BANK LTD 0%00 2718 17 37:43 NEW DELHI CHITTARANJAN PARK DOOR NO.8-103, GROUND FLOOR,, CH OOR CHITTARANJAN PARK P.O, DELHE, 1 011 262764 M/S. ALFA INDIA Ph: 26276449 FAX: 3F/ 4 NIT FARIDABAD DATE DELHI DELHI DELHI JELAI A/C I INDIA A/C Mode of Opr. : PROPRIETO STATEMENT OF ACCOUNT FOR THE PERIOD FROM 01-06-2008 to 05- DATE PARTICULARS CHQ.NO WITHDRAWALS DEPO 01-06-08 02-06-08 PRINCIPLE DEPOSIT 20,357 03-06-08 CHOISSCHG 05-06-08 Clearing Credit 05-06-08 Clearing Of 10 06-08 ARUN DUGGAL HOW DO SANTOY DUGGAL 10-06-08 SANJAY DUGGAL 12-06-08 Clearing Credit To Do Creating Credit 84.00 8 -13,00. 88 - ER. 271929 .59401 4,00,000.00 250000 259402 9,00,000.00 455803 HDFC, Horny Hoz 24,00,000 16-06-08 08 Clearing Credit 455918 HDFC, Homin Ares 8,00 . 18,00,000. PNB 19-06-08 08 Clearing Credit Afrod wade ....
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....ACENTRE 10-08 Clearing Credit 24-10-03 Cloaking credit 24-10-08 Clearing Credit 25-10-08 RAJNISH TALWAR SE-10-08 RATNA TALWAR 63 10000 KAINA TALWAR 31-10-08 NEERU DUGGAL 31-10-08 POONAM DUGGAL OTTIMO POONTHE ONION 09-01-09 Clearing Greatt 09-01-09 Clearing Credit 10-01-00 Clearing Credit 10-01-09 Clearing Credit 553942 - HDFC Bank , Hon ( 25, 50, 000.0 Hot DANS -25.00.000. 00 9 - HDFC TO 15.50, 000.00 259425 250426 259426 15,00,000- 15.00,000.00 259428 5 00,000.00 1.6 MB M/S ABhak Wod 15.000,00 259427 686026 299929- - Scol Yard, CB - (P) ist afmise 25,00,000.0 509656 HDFC. Herthat -18, 00, 000.00 10-01:09 Clearing Credit 10-01.00 PATNA TAI WAR TODA VY KAINA THEWHN 10-01-09 RAJNISH TALWAR 390415 SBI, Horust Arse_5.00.000.00 18 00 000.00- 257400 18,00,000- 259425 18, 48, 258.007 259454 200 000.00- 00, 000-06 15-01 -07 SEL 15-01-09 NANY DUGGAL 25.00.000. 25943] 15-01-09 Tax on: 300000/15-01-200 09 Tax on: 300000/1 9 DATACENTRE 6-02-09 Clearing Credit 06-05-66 6 06-02-09 Clearing Credit 13-02-09 MRS RATNA TALWAR 13- 02-09 MO BOJNEESH TALWAR 13-02-09 MR RAJNEESH TALWA 16-02-09. Clearing Credit Brothersband Sco....
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.... Sh Arun Duggal has not shown any income from business in his return of income. I have therefore reason to believe that the assessee has failed to disclose fully and truly all material facts in its return of income for the assessment year 2009-10. Having perused and considered the above facts, undersigned has reason to believe that income of the assessee to the tune of Rs.12,81,75,000/- and other income which subsequently comes to notice has escaped assessment for the assessment year 2009-10 by reason of the failure on the part of the assessee to disclose fully for that assessment year. Accordingly, notice u/s 148 of Income Tax Act, 1961 is being issued. Document 6 MOST URGENT/TIME BARRING MATTER 46 F.No. ITO/W-I(1)/FBD/15-16/ 2010 Office of the Income Tax Officer, Ward-1(1), Faridabad. Dated :- 31-3-2016. To The Pr. Commissioner of Income Tax, Faridabad. (Through Proper Chanel)) Respected Madam, Sub :- Request for approval u/s 151(1) of the I.T., Act,1961 to issue notice u/s 148 in the case of Sh Arun Duggal, Prop.M/s Alfa India, H. No. 3E/42, NIT, Faridabad having PAN AGUPD5708Q for the A.y. 2009-10 Reg- Kindly refer to the above 2. I am su....
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....nque 31/03/2016 Document 8 St. Pereun cond Sharma, orghi 51) Most urgent Pe-issue vertical 071148 mi prese cose INCOME TAX DEPARTMENT OFFICE OF THE PR. COMMISSIONER OF INCOME TAX, NEW C.G.O. COMPLEX, B-BLOCK, NH-IV, FARIDABAD VTO. 31/03/16 (0) 0129-2420710, (F) 0129-2412418 F. No. Pr. CIT/Tech./147/FBD/2015-16/489 4 Dated: 31.03.2016 To The Income Tax Officer, Ward-1(1), Faridabad Sir, Sub : Returning of files alongwith approval u/s 151 of the I.T. Act, 1961 Reg. Kindly refer to the subject noted above. 2. In this regard, I am directed to return the following files alongwith the approval of Worthy Principal Commissioner of Income Tax, Faridabad u/s 151 of the I.T. Act, 1961 for your kind approval and necessary action. Sr. No. Name & Address of the assesse A.Y. 1 Smt. Anju Jindal Prop. M/s Ambika Traders, H.No.D-256, Dabua Colony, Faridabad 2009-10 2 Sh. Ajay Kuashik Prop. M/s R.S. Traders, H.No.242, Sec. 15A, (Back Side of Gymkhana Club) Faridabad 2009-10 3 Shri Arun Duggal, Prop. M/s Alfa India, H. No.3E/42, NIT, Faridabad 2009-10 Yours faithfullyk (R. & Singh) Income Tax Officer(Hq.)(Tech.) O/o Pr. Commissioner of Income T....
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.... 31 Years 1.1. 1994 7 3g --- Address : IND.42 WARST DIST FARIDABAD Facsimile Signature for 51 - FARIDABAD Constituency for 31 . FARIDA 51 .- फरीदाबाद निरà¥à¤µà¤¾à¤šà¤¨ कà¥à¤·à¥‡à¤¤à¥à¤° के Place : FARIDABAD सà¥à¤¥à¤¾à¤¨ : फरीदाबाद RAFF: 23.11.1994 This Card may be used as an Identity Card under इस पतà¥à¤° को विà¤à¤¿à¤¨à¥à¤¨ सरकारी योजनाओं पहचान-पतà¥à¤° के रूप में पà¥à¤°à¤¯à¥‹à¤— किया जा सकता है। 54- SOUTH INDIAN Bank B-103, Ground Floor, Chittaranjan Park, Delhi-110019 Ref: BR/GEN/ /2021-22 03-08-2021 Mr. Rot Mr. Rohit Kumar Income tax Ome New Delhi- 110002 Dear Sir Subject: Calling for information u/s 133(6) of the Income Tax Act, 1961 during the appellate proceedings in the ....