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TMI Blog2024 (10) TMI 189X X X X Extracts X X X X X X X X Extracts X X X X ..... with the M/s Spaze Group were recorded u/s 131 (1A) of the Act. The same also included statement of one Mr. Anand Singh who was ostensibly the proprietor of M/s JMD International. He stated that he was an electrician and received a remuneration of ₹6,000/- per month. He made statements to the effect that he had signed blank cheques in his capacity of proprietor of M/s JMD International and he was not in control of the said concern. He had stated that he had no knowledge of any godown or office of the said concern (M/s JMD International). According to his statement, one Sh. Kishori Sharan Goyal was the person who was controlling the said concern for providing Bogus Billing to various entities . The record of M/s JMD International indi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... This is for the reason that the AO had not assessed the petitioner s income for the Assessment year 2011-12 under Section 143 (3) of the Act. Contention that all material including explanation of the petitioner was available with the Assessing Officer at the time of framing of the assessment for the Assessment Year 2011-12 and the impugned notice is occasioned by a change in opinion, is unmerited. The assessment of tax under Section 143 (1) of the Act is a self-assessment and in a strict sense cannot be stated as assessment framed by the AO. The petition is unmerited and accordingly dismissed. - HON'BLE MR. JUSTICE VIBHU BAKHRU AND HON'BLE MS. JUSTICE SWARANA KANTA SHARMA For the Petitioner Through: Mr. S. Krishnan, Adv. For the R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... had escaped assessment. Second, he submitted that the petitioner had furnished its explanation with regard to its books of accounts not only pertaining to the previous Financial Year 2009-10 (relevant to the Assessment Year 2010-11) but also for the previous year 2010-11 albeit in connection with the proceedings initiated in respect of Assessment Year 2011-12. He submitted that therefore, the AO had all the material on which assessments for Assessment Year 2011-12 could be framed at the material time. However, no additions were made in the assessment for the Assessment Year 2011-12 and therefore, the information as was available to the Assessing Officer prior to the assessment order for the Assessment Year 2011-12 cannot be a ground for re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and Singh, the proprietor of M/s JMD International in his statements recorded on Oath u/s 131 (1) of the Income Tax Act, 1961 has accepted that Shri Kishori Sharan Goyal was using this firm for providing accommodation entries to various parties via Bogus Sales/purchases. Shri Anand Singh also accepted that he works as Electrician and receives Rs.6,000/- per month for signing on blank cheques in the capacity of Proprietor of M/s JMD International. He also informed through his statement that as per his knowledge there exists no Godown, office of the film M/s JMD International and that it is used by Shri Kishori Sharan Goyal for the purpose of providing Bogus Billing to various entities. (Copy of statement of Shri Anand Singh is available on r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Assessment year 2011-12 under Section 143 (3) of the Act. It is relevant to refer to the decision of this Court in Indu Lata Rangwala v. Deputy Commissioner of Income Tax: Neutral Citation No.2016:DHC:4033-DB. In the said case, this Court had held as under: 35.1 The upshot of the above discussion is that where the return initially filed is processed under Section 143 (1) of the Act, and an intimation is sent to an Assessee, it is not an assessment in the strict sense of the term for the purposes of Section 147 of the Act. In other words, in such event, there is no occasion for the AO to form an opinion after examining the documents enclosed with the return whether in the form of balance sheet, audited accounts, tax audit report etc. 35.2 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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