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TMI Blog2019 (4) TMI 1038X X X X Extracts X X X X X X X X Extracts X X X X ..... ssing Officer had certain information, material, or document before him during the assessment proceeding, irrespective of the source of such information, material, or document, the Assessee cannot be blamed for non disclosure thereof. As production before the Assessing Officer of account books or other evidence from which material evidence could with due diligence have been discovered by the Assessing Officer will not necessarily amount to disclosure within the meaning of the first proviso to Section 147. Here is not a case where the Assessee is seeking to rely on a disclosure which the Revenue can seek to bring within the fold of the said Explanation. Here is a case where the Department already had collected certain documents and materi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7.20 Lakhs (rounded of). The Assessing Officer completed the assessment under Section 153A read with 143(3) of the Act on 20/03/2014 accepting the Petitioner's returned income. 4. To reopen such assessment, he issued the impugned notice. In order to do so, he had recorded the following reasons : Return of Income for the year under consideration was filed 23.02.2012 declaring total income of ₹ 7,20,916/ . Subsequently, assessment u/s 153A r.w.s. 143(3) was finalized by the then DCIT, CC. 10, Mumbai on 20.03.2014 determining total income of ₹ 7.20,980/ . Search Seizure action u/s. 132(1) of the I.T. Act was conducted in the Sterling Group of cases on 28.06.2011 by the DDIT (Inv.) Unit VII (4), Mumbai. In the Sea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nclude vouchers. These vouchers show the payments have been made to Shri R. B. Dixit on various dates as detailed below : Annexure Page No. Date Amount (Rs.) A 4 104 11.10.2010 18,00,000 A 4 65 8.06.2010 3,25,000 A 4 53 27.04.2010 5,35,000 A 4 45 15.11.2010 15,00,000 A 5 157 27.01.2011 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the time of assessment and after considering these documents/materials assessment concluded u/s. 143(3) w.r.t. 153A and hence it is stated that there is only difference of opinion and change of view. In the absence of the additional evidence other than seized material we hereby state that provisions of reassessment under section 147/148 is not warranted and is bad in law as it amounts to change in view. 6. The Assessing Officer rejected such objections by an order dated 19.09.2018. In such order, in relation to the Petitioner's contention of the documents relied upon in the reasons already available with the Assessing Officer during the original assessment, he stated as under : 5. During the course of the assessment proceedin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Explanation 1 to Section 147 of the Act. 9. Having thus heard the learned Counsel for parties, we may refer to the reasons recorded by the Assessing Officer. In such reasons, he has referred to two facts. Firstly, as per the seized documents (Annexure A7) during the search, an amount of ₹ 20,00,000/ was stated to have been paid in cash by the Assessee to one S.K.G. According to the Assessing Officer, the Assessee had cash on hand of ₹ 20,00,000/ which was undisclosed. The second fact which the Assessing Officer relied upon was the seizure of vouchers during the search showing a total payment of ₹ 85,35,000/to the Assessee. Here again, the Assessing Officer believed that the Assessee had thus received cash amount of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Assessing Officer of account books or other evidence from which material evidence could with due diligence have been discovered by the Assessing Officer will not necessarily amount to disclosure within the meaning of the foregoing proviso. As per this Explanation thus, production before the Assessing Officer of account books or other evidence from which material evidence could with due diligence have been discovered by the Assessing Officer will not necessarily amount to disclosure within the meaning of the first proviso to Section 147. Here is not a case where the Assessee is seeking to rely on a disclosure which the Revenue can seek to bring within the fold of the said Explanation. Here is a case where the Department already had ..... X X X X Extracts X X X X X X X X Extracts X X X X
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