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TMI Blog2022 (3) TMI 479X X X X Extracts X X X X X X X X Extracts X X X X ..... of Shri Hassan Ali Khan at Pune. At this juncture, it is also brought on record that the AO had taxed the right person i.e. the Appellant on the basis of the Transfer Instruction provided by the Enforcement Directorate . We find that the Ld.CIT(A) considered this aspect of the matter elaborately with reference to the submissions of the assessee and the averments in the Assessment Order and sustained the addition made by the Assessing Officer correctly. - Decided against assessee. X X X X Extracts X X X X X X X X Extracts X X X X ..... had received an amount of USD 7 Million in her A/c No. 18-2203316-01 maintained with Standard Chartered Bank, Dubai. As per the document received from the Enforcement Directorate, the transaction of USD 7 million is dated March 12, 2001. Thus, the transaction relating to transfer of money clearly falls under the AY. 2001-02, which is the current assessment year, under consideration. 10.4 After examining in details the "Transfer Instruction" provided by the Enforcement Directorate, I am of the considered opinion that this is a speaking document and can't be considered as dumb documents by any. stretch of imagination. All the ingredients/components for levying taxation are clearly decipherable from the document either on standalone basis or in association with other documents. The components which enter into the concept of taxation are first, the transaction/events which attract the levy, second, the person on whom the levy is imposed and who is obliged to pay the tax, third, the assessment year in which charge of income-tax is levied, fourth, whether any taxable income arises from the transaction recorded in the document and fifth, the rate or rates at which tax is t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Kashinath Tapuriah and the appellant had clearly admitted that the bank A/c. No. 18-2203316-01 of Standard Chartered Bank, Dubai belongs to Mrs. Chandrika Tapuriah, the Appellant. The tabular data containing the details of the foreign bank accounts owned and admitted by the Appellant and her husband in the year 2011, being important is reproduced hereunder: - Sr. No Bank detail Account No. Accepted or not belonging to me Belongs to Transaction during the FY. 2003-04 Remark 1 UBS, Zurich 760001 Accepted Kashinath Tapuriah No transaction in F.Y.2003-04 The Account was opened in year 1986 and was closed in the year 2000. 2 Standard Chartered Bank, Sahrjah 18-5748968- 01 Accepted Kashinath Tapuriah No Transaction in F.Y. 2003-04 The account was opened in the year 2000-01 but it was never operative. 3 Standard Chartered Bank, Sahrjah 18-2203316- 01 Accepted Chandrik a Tapuriah No transaction in F. Y. 2003-04 The account was never operative. 4 Maerki Bauman, Driekonig strasse 88022 Zurich Konto 2905 (Sitaram) Accepted Kashinath Tapuriah No transaction in F. Y. 2003-04 The account was opened in 1960's 70's and was clo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... have business interests, including, as it appeared, joint, abroad, particularly at Switzerland, Dubai, Singapore and London (to which places frequent trips were also undertaken by them), as well as access to large, albeit unexplained, investible resources. The inescapable inference was of the same being held in such accounts, lockers, besides in Bonds (in which investment was envisaged to yield guaranteed, even if comparatively low, returns), and even projects/real estate properties, in which in fact both HAK and KT evinced considerable interest, making enquiries; holding meetings (with the prospective sellers) in which the officials of UBS AG, Zurich were also present. The notarized statement dated 30/6/2003 (at London) by HAK, whereat KT was also present (forming part of the tribunal's order in the case of HAK dated 29/2/2016 for these years), wherein he admits to have opened his first account with UBS, Singapore in 1982, is relevant in this regard. The assessee and husband have also subsequently supplied a list of eight foreign bank accounts, of which the earliest dates back to 1960s. The transferee account specified in the impugned TI, finds mention therein. Though therefor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... number of seized documents, which were found independently at two places, namely, the residence of the appellant at Kolkatta and the residence of Shri Hassan Ali Khan at Pune. The details of the documentary evidences indicating the close association amongst them is narrated, as under:- I. Page No. 18 of Annexure A-5 to Panchanama dated 05.01.2007 seized from Pune residence of Shri Hassan Ali Khan and page No. 22 of the Annexure A-7 dated 06/01/07 seized from the residence of Late Shri Kashinath Tapuriahis an agreement dated 07.08.2001 made- at Dubai, which clearly indicates their close business relationship, joint venture and the sharing of profits parked in offshore accounts. II. The loose papers seized from the residence of Late Shri. Kashinath Tapuriah, as per Annexure A-2 of Panchanama dated 06.01.2007 reveals about their frequent visits together to Europe and more particularly to Switzerland. The Annexure A-2, Page No. 35,4043,448'45 seized from the residence of Late Shri Tapuriah clearly reveals that tickets for foreign visits had been regularly booked through M/s. Travel Hub P. Ltd. These seized pages also proves that Late Shri Kashinath Tapuriah and Shri. Hassan Al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... quite clear and unambiguous. Section 183 shows that where Parliament intended to provide an option, it provided so expressly. Where a person is taxed wrongfully, he is no doubt entitled to be relieved of it in accordance with law but that is a different matter altogether. The person lawfully liable to be taxed can claim no immunity because the Assessing Officer (Income Tax Officer) has taxed the said income in the hands of another person contrary to law. We may proceed to elaborate." ……. 10.39 I am of the considered opinion that the information supplied by Enforcement Directorate is to be treated as genuine SE can be used by the AO for making an assessment. In large number of judicial pronouncements, the action taken by the AO on the basis of documents supplied by the Enforcement Directorate had been upheld. In the absence of any material on record to the contrary, the information supplied by the Enforcement Directorate, a Government of India Department is to be treated as highly reliable and authentic. Such sensitive information supplied by a premier investigating of Government of India needs to be taken at face value and the only exception can be if there ..... X X X X Extracts X X X X X X X X Extracts X X X X
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