9911796707
TMI Blog2022 (12) TMI 288X X X X Extracts X X X X X X X X Extracts X X X X ..... ovide all the information and evidence in his power and possession either received or gathered or collected to the assessee. The assessee is also directed to make full cooperation with the Assessing Officer and to file all the information, document or evidence with regard to his Passport, his various visit to foreign countries and the details of Visa (s). The assessee is further directed to give his consent for obtaining further information regarding the base sheet and to sign necessary declaration, undertaking or any other application or declaration as required by the Assessing Officer for obtaining information from foreign countries including impugned bank account with HSBC Bank, Geneva, Switzerland. So far as issue related with the reopening is concerned, we find that the learned Senior Counsel has not made specific submissions, therefore, those issue is treated as not pressed and dismissed as such. However, ground No. (II) is allowed for statistical purpose. - ITA No. 651 And 652/Srt/2018 - - - Dated:- 22-11-2022 - Shri Pawan Singh, Judicial Member And Dr. Arjun Lal Saini, Accountant Member For the Appellant : Shri Tushar P Hemani, Senior Advocate with Shri Parimalsinh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Makai Bridge, chowk Bazar, Surat-395001 was holding offshore bank account number 5091290819 in HSBC bank, Suisse SA Geneva, Switzerland with code BUP 5090150053 and Per No. 150053 opened on 09/03/2000. As per the information, the assessee made deposit the following amounts: Period Classification Month Amount (en $) 11.2005 Fiduciary Deposits 9,62,192.82 11.2005 Liquid Assets 10,546.18 11/2005 9,72,729.00 12.2005 Fiduciary Deposits 9,67,411.61 12.2005 Liquid Assets 7,534.31 12/2005 9,74,945.92 01.2006 Fiduciary Deposits 9,70,759.26 01.2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me of Rs. 48,920/-. Return was filed with new PAN number (FZTPS 8203 L). No details of bank account as required in ITR for was furnished. Such column was left blank. Though, the assessee was maintaining bank account with Janata Sahakari Bank Limited, Girgaon Branch, Mumbai and offshore bank account in HSBC, Geneva, Switzerland. The assessee was again issued show cause notice dated 28/05/2015 requiring the assessee to furnish the copy of passport, details of bank account of assessee in his own name or in the name of family member in India or abroad, details of purchase of flat No. 402, Divyakranti Apartment, Parle Point, Surat and his household expenses, source of movable and immovable properties. The Assessing Officer further recorded that no compliance was made by the assessee. However, on 19/06/2015, the ld. AR of the assessee submitted that the assessee did not have any foreign bank account nor have any other PAN except FZTPS8203L. 4. The Assessing Officer issued summon to the assessee under Section 131 of the Act. No compliance was made by assessee against such summon. The Assessing Officer in absence of information, as required by him, rather on the basis of information ava ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ort and he has not opened such account. The Assessing Officer made addition on the basis of base sheet without any corroborative evidence, particularly when the assessee denied the ownership of bank account. The Assessing Officer has not disproved the argument of assessee regarding disowning the foreign bank account. The Assessing Officer has not given any material except the information about the bank deposits. 6. On reopening, the assessee stated that the Assessing Officer reopened the assessment on borrowed satisfaction as there was no material against the assessee for formation of belief for escapement of income. The reassessment proceedings cannot be initiated for the reasons to suspect and these are not for the investigation or for roving enquiries. The Assessing Officer made addition on the basis of suspicion. The assessee repeatedly stated that the bank account does not belong to assessee. 7. The ld. CIT(A) after considering the submission of assessee concluded that hearing of appeal was fixed for more than ten times. The assessee except filing written submission, no supporting evidence was filed. Since the assessee was not making compliance of various notices issue ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s opened by assessee himself. Though, the assessee repeatedly took the same stand that the foreign bank account and the PAN which was mentioned, not belonging to him. The ld. CIT(A) vide order sheet entry dated 15/03/2017 directed the assessee to provide the specific document required by the Assessing Officer. The ld. CIT(A) recorded that assessee despite providing opportunity, not furnished the required details. 10. The ld CIT(A) obtained information from NSDL and UTIITSL about the different PAN numbers. The information from NSDL was received on 15/01/2018 along with documents furnished by assessee for obtaining PAN numbers. As per information from NSDL, the PAN No. AXRPS2712B in the name of Vijaybhai Kanaiyalal Savani, application for allotment of PAN was received from Vijaybhai Kanaiyalal Savani at the address of 1, ground floor, Manek Apartment, Timaliyawad, Nanpura, Surat on 08/02/2012. ITD allowed this PAN number and was printed and dispatched on 17/02/2012. PAN number FZTPS8203L was issued on application in the name of Vijaykumar Kanaiyalal Savani and PAN was allotted on 09/03/2015. The date of birth and father s name in both the applications are common. The address in bo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -Departmental Representative (ld. CIT-DR) for the revenue and have gone through the orders of the lower authorities. The ld. Senior Counsel for the assessee submits that the Assessing Officer made the addition by taking a view that the assessee has not provided required details and evidence, which were demanded from the assessee. The ld. CIT(A) also confirmed the addition by taking a view that the assessee was given sufficient opportunity to file the required documents and evidences as required by the Assessing Officer. The lower authorities took their view that the assessee was having two PAN cards and the bank details in HSBC, Geneva, Switzerland was matching with the name, address, father s name and date of birth. Further the Passport of assessee was used as an evidence of address. 13. The ld. Senior Counsel for the assessee submits that the case of assessee was reopened on the basis of information that the assessee was maintaining bank account with HSBC bank, Switzerland. No information was provided to the assessee except the base sheet. The assessee was repeatedly asking to provide the detailed information in the power and possession and came to notice of Assessing Officer. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unities to prove that the impugned bank account in HSBC Bank, Geneva, Switzerland is not in the name of assessee or the assessee is not the beneficiary of such bank account. The ld. CITDR submit that it has been proved beyond doubt by the activity of assessee by not providing necessary details of his Passport, his visit of foreign countries and the period of stay. The ld. CIT-DR submits that the order of ld. CIT(A) may be confirmed. 15. We have considered the rival submissions of both the parties and perused the orders of lower authorities carefully. We find that the case of assessee was reopened on the basis of information of base sheet received by the Assessing officer that the assessee was having bank account with HSBC, Geneva, Switzerland and assessee was not filing return of income nor disclosed such foreign bank account to the department. The Assessing Officer after giving various opportunities to the assessee to provide details of deposit in such bank account, made addition of aggregate of deposit by taking a view that the assessee merely denied of having any foreign bank account. The assessing officer also held that from the base sheet, it is established that the bank ac ..... X X X X Extracts X X X X X X X X Extracts X X X X
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