HIGH COURT OF GUJARAT
Bipinkumar P. Khandheria, Advocate
Versus
Deputy Commissioner of Income-tax
SPECIAL CIVIL APPLICATION NO. 6555 OF 2001
AUGUST 14, 2012
JUDGMENT
Ms. Harsha Devani, J.
By this petition under Article 226 of the Constitution of India, the petitioner has challenged the notice dated 25th May, 2001 issued by the respondent seeking to reopen the petitioner’s assessment for assessment year 1995-96 under section 147 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’).
2. The petitioner, a practicing advocate, filed his return of income for assessment year 1995-96 on 26th March, 1997 with the Income Tax Officer, Ward 1(2), Rajkot. The assessment was taken up for scrutiny and by an order dated 20th November, 1997/27th November, 1997 made under section 143(3) of the Act, the total income of the petitioner was assessed at Rs. 55,500/-. Subsequently, by the impugned notice dated 25th May, 2001, the assessment is sought to be reopened. The petitioner upon receipt of the above notice requested the respondent to furnish a copy of the reasons recorded. After some correspondence, such reasons came to be furnished which read as under:-
Reasons for Re-Opening
Reg: Shri Bipinkumar P. Khandheria A.Y. 1995-96
In this case search action u/s.132 was conducted on 21.4.1995 at residence cum office premises of the assessee at Gondal. During the search in the statement recorded on oath u/s.132(4) of the I.T. Act, 1961 on 21.4.1995, in reply to question No.23 assessee made disclosure of unaccounted income of A.Y. 1995-96 and declaration in the prescribed form disclosing concealed income of Rs. 25,15,753/- duly signed by the assessee is also filed. As per the same, assessee has made in his individual capacity a disclosure of following:
