TaxTMI 
TaxTMI 
TaxTMI 
2022 (12) TMI 1597
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....peal before the Tribunal, and therefore, marked the appeal of the assessee as time barred. The ld. counsel for the assessee submitted that, in this period of filing of appeal there was surge of COVID and consequent lockdowns restricting mobility. Due to these reasons, which were beyond the control of the assessee, delay in filing of the appeal before the Tribunal was caused, which deserves to be condoned, and the appeal may be adjudicated on merit. 3. I have noted that the ld. counsel for the assessee has explained the reason for the delay in filing present appeal before the Tribunal. I further note that due to the pandemic of Covid-19, the limitation prescribed for filing appeals was extended till further order by the Hon'ble Suprem....
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.... attention to the copy of the reasons recorded in the present case placed before us at PB Page No.1 and 2 as under: Annexure-A Name of the assessee Shri AlpeshsinhKaransinhJadeja Address of the assessee Indraprasth Society, Nr. Dantindara Colony Deesa PAN ADOPJ0804A Assessment year 2011-12 Detail of the A.O. Ward- 2, Palanpur Reasons for reopening of the assessment for A.Y. 2011-12 u/s 147 of the Act. 1. Brief details of the assessee: The assessee is engaged in business of sub-contractor. He has filed his return of income for A.Y. 2011-12 on 31.03.2012 declaring total income of Rs. 2,54,960/- and agriculture income of Rs. 3,62,510/-. 2. Information received by AO: ....
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....truly all material facts and correct income during filing of return of income for A.Y. 2011-12 and the payment made to the assessee could not be verified by Return of Income therefore it seems huge discrepancy in the payments made to the assessee and the his return of income for A.Y. 2011- 12 which needs to be verified. 5. As per above discussion, I have reason to believe that income chargeable to tax has escaped assessment for A.Y. 2011-12 and intend to reassess such income and also any other income chargeable to tax which has escaped assessment and which comes to the notice subsequently in the course of the proceedings under this section. 6. In this case a return of income was filed for the year under consideration but n....
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.... escapement of income of M/s Laxmi Construction and not the assessee, which as per the information of the AO was only a dummy entity. Therefore, reopening in the present case was without jurisdiction in the absence of any belief of escapement of income of the assessee. 7. The ld. DR however contended that the information with the AO revealed that the assessee had made bogus sales to Laxmi Construction and it was the income of the assessee in fact, which had escaped assessment, and the AO therefore rightly assumed jurisdiction to reopen the case of the assessee. 8. I have heard rival contentions and have also carefully gone through the copy of the reasons recorded by the AO in the present case for reopening of the assessment under sect....
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....on by the AO in the reasons recorded is to the effect that the assessee is one of the dummy entities which was shown by M/s Laxmi Construction for booking bogus expenses. Therefore, what is derived from the above information and analysis of the information by the AO is that the AO had formed a belief that Laxmi construction was booking bogus expenses through dummy sub-contractors which included the assessee, which means that the AO was of the believe that it was Laxmi Construction which was taking accommodation entry of bogus purchases. The only belief this information can logically lead to is that it was the income of M/s Laxmi Construction which had escaped assessment. The assessee has been clearly mentioned as dummy entity created by M/s....