HIGH COURT OF GUJARAT
Vishnubhai Mafatlal Patel
Versus
Assistant Commissioner of Income-tax
Special Civil Application Nos. 12060, 12061 & 12063 of 2012
DECEMBER 4, 2012
JUDGMENT
Akil Kureshi, J.
These petitions arise out of common background. They have been heard together and are being disposed of by this common judgment.
2. For the purpose of this order, we may notice the facts as arising in Special Civil Application No. 12060/2012.
2.1 The petitioner is an individual and is assessed to tax as such. The petitioner claims to be engaged in the business of infrastructure development activities. On 5.10.2010, search operations were carried out at the residential and business premises of the petitioner under section 132 of the Income Tax Act, 1961 (“the Act” for short) . The petitioner made disclosure of income of Rs. 48 crores in his statements which were recorded under section 132(4) of the Act. The proceedings under section 153A of the Act for assessment year 2008-2009 to 2010-2011 and under section 143(2) of the Act for the assessment year 2011-2012 were pending. On 28.5.2012, the petitioner filed an application under section 245C of the Act before Settlement Commission for the assessment years 2008-2009 to 2011-2012. The petitioner disclosed additional income of Rs.49,24,14,630/- for different years in the following manner :
