9911796707
TMI Blog2023 (5) TMI 1226X X X X Extracts X X X X X X X X Extracts X X X X ..... he assessing officer in the impugned order u/s 148A(d) that a sum representing in the form of entry or entries in the books of account (loan transaction) has escaped income in this case. All the aforesaid findings in the impugned order are based on material evidence which cannot be scrutinised by a writ court in exercise of its constitutional writ jurisdiction under Article 226 of the Constitution of India and be substituted with its own findings. Recently this Court has noticed that several writ petitions have been filed involving similar nature of huge unaccounted cash transactions where modus operandi is the same and involving the same broker Anil Kasera. This court, considering the nature of huge financial scam, is not inclined to enter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and the documents provided to him does not corroborate the allegation and that no incriminating documents were provided to him and that the documents provided by the investigation wing to the assessing officer cannot be relied upon by the assessing officer. Relevant reasons and findings of the assessing officer as recorded in paragraph 16 of the aforesaid impugned order are recorded as hereunder: "From a perusal of the above submission it is clear that assessee had transactions with broker Anil Kumar Kasera. All documents received from Investigation Wing in respect of the assessee were forwarded to the assessee on 23/03/2023. The assessee has not commented on such documents forwarded. Investigation Wing has forwarded the assessee's s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has escaped assessment in this case." Considering the facts and circumstances of the case and the submissions of the parties and the aforesaid impugned order, I find that this is not a case which falls in those categories of cases where the impugned proceeding initiated is without jurisdiction or the authority who has initiated the impugned proceeding is having inherent lack of jurisdiction or that any procedural irregularity has been committed while passing the impugned order or there is any violation of principles of natural justice or the impugned proceeding is patently contrary to any provisions of law. On perusal of the aforesaid impugned order which is based on investigation and evidence collected, I find that huge number of incrimi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... era and there are names of many other persons who are involved in this type of transactions adopting same modus operandi. There is also finding of the assessing officer in the impugned order under Section 148A(d) of the Act that a sum of Rs.10.36 crore representing in the form of entry or entries in the books of account (loan transaction) has escaped income in this case. All the aforesaid findings in the impugned order are based on material evidence which cannot be scrutinised by a writ court in exercise of its constitutional writ jurisdiction under Article 226 of the Constitution of India and be substituted with its own findings. Recently this Court has noticed that several writ petitions have been filed involving similar nature of huge u ..... X X X X Extracts X X X X X X X X Extracts X X X X
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