Gaurav Santramdas Varma Vs ACIT (Gujarat High Court)
Summary: The Gujarat High Court considered a writ petition challenging the notice dated 30.03.2025 issued under Section 148 of the Income Tax Act, 1961 for Assessment Year 2021-22. The petitioner had filed his return on 10.03.2022 declaring total income of Rs. 92,80,990/-. He, along with joint purchasers Shri Mrunal Santarambhai and Shri Tarunbhai Santarambhai, purchased land at Moje Adalaj bearing Survey Nos. 184 and 182 through registered sale deeds dated 01.03.2021 for considerations of Rs. 93,00,000/- and Rs. 63,00,000/- respectively. :contentReference[oaicite:0]{index=0}
A search under Section 132 was conducted on 28.09.2021 at the premises of B Safal Group and City Estate Management India, a real estate broker providing brokerage services to the B Safal Group. Inquiry registers were seized from the broker. The Revenue relied upon an entry dated 18.06.2020 concerning land at Moje Adalaj, recording Survey Nos. 182, 183, 184, 189 and 190, total area of 8.34 bigha, a rate of 2.70 Q and the name “Krupeshbhai Gajipara”.
On the basis of that entry, the Assessing Officer formed the opinion that the petitioner had paid on-money on the purchase of Survey No. 182 and alleged escaped income of Rs. 3,73,56,434/-. A satisfaction note was recorded on 18.03.2025 and approved by the Principal Commissioner of Income Tax-3, Ahmedabad on 22.03.2025. The notice under Section 148 was thereafter issued on 30.03.2025. The petitioner filed objections on 09.01.2026, but no order disposing of those objections was passed, leading to the writ petition.
