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TMI Blog2016 (10) TMI 780X X X X Extracts X X X X X X X X Extracts X X X X ..... eeking to reopen the petitioner's assessment for the Assessment Year 2009-10. The original assessment was accepted without scrutiny under Section 143(1) of the Income-tax Act,1961 (for short 'the Act'). To reopen such assessment, the Assessing Officer had recoded the following reasons : "The reasons for re-opening of assessment for the A.Y.2009-10 is furnished as under: "The information provided by the Deputy Commissioner of income tax, Gandhinagar Circle, Gandhinagar vide office letter No.DCIT/GNR/AVSIPL/Info/2015-16 dated 21.3.2016, reveals that a survey action u/s.133A of the Act was carried out in the cases of Shri Mukesh & Vithalbhai Patel at Plot No.588, Sector-22, Gandhinagar on 27.12.2012. During the course of survey, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... M/s.AVS Infracon Private Ltd., that thepayment of Rs,18,00,00,000/- has been made in cash to Shri Jugaji Babaji Thakor, owner of the land on behalf of M/s.AVS Infracon Private Ltd. out of its unaccounted income, there is a clear case of escapement of income of Rs. 18,00,00,000/- for the A.Y.2013-14 in the case of M/s.AVS Infracon Private Ltd. 4. On the basis of above mentioned fact, I have reason to believe that there is an escapement of income of more than Rs. 1.00 lac for the A.Y.2009-10 in the case of the above assessee and the case is therefore, required to be reopened u/s.147 of the IT Act by way of issuing notice u/s.148 of the IT Act." 3. In Special Civil Application No.13688 of 2016, the same petitioner has challenged another not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5), provided by the DCIT, Gandhinagar along with the intimation, it is seen that the total value of consideration has been shown at Rs. 4,53,45,600/-. On the other hand, the assessee has not filed return of income u/s.139(1) of the Act for the A.Y.2009-10. 3. Further, as per the notings found on the diary as per Annexure-A/1, impounded during the course of survey in the cases of Shri Mukesh & Vithalbhai Patel, in respect of the aforesaid transaction, payment of Rs. 18,00,00,000/- has been made in cash during the period between 18.9.2012 and 18.12.2012 and the balance amount of Rs. 1,40,00,000/- is payable. As admitted by Shri Vithalbhai Patel, one of the Directors of M/s.AVS Infracon Private Ltd., that thepayment of Rs,18,00,00,000/- has b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of fact that the sale deed was registered during the period relevant for the Assessment Year 2009-10 and the amount involved was considerable, the Assessing Officer has issued the notice of reopening also in relation to the assessment year 2009-10. On such ground, though the original assessment was framed without scrutiny, we are inclined to quash the notice of reopening in connection with Assessment Year 2009-10. 5. When we come to the notice of reopening for the Assessment Year 2013-14, the situation is vastly different. This notice has been issued within a period of 4 years from the end of relevant assessment year. There is nothing on record to suggest that the issues referred to in the reasons recorded by the Assessing Officer came up ..... X X X X Extracts X X X X X X X X Extracts X X X X
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