SHAMSHAD KHAN Vs. ASSISTANT COMMISSIONER OF INCOME-TAX

JUDGEMENT

(1.) The petitioner has impugned a notice dated 28th Jan., 2016 issued under Sec. 147 of the Income Tax Act, 1961 ('the Act') seeking to reopen his assessment for the Assessment Year ('AY') 2010-11. By his reply dated 9th Feb., 2016, the petitioner had intimated the Respondent that the returns for the said period had already been filed in time and there was no occasion for reopening of the same after a lapse of four years from the said AY.

(2.) Upon the Petitioner's request, he was supplied the following reasons for reopening the assessment: " Circle 62(1), New Delhi

(3.) The petitioner contends that merely because a donation of Rs.28,75,000.00 was made to an educational institution could not by itself lead to the conclusion that income had escaped assessment or that there was any undisclosed income. The petitioner's case is that he had filed a return disclosing an income of Rs.69,74,191/- on which tax of Rs.2,07,608.00 was paid; that the petitioner, who is a civil engineer, had been filing regular tax returns; that his opening balance in the relevant assessment year showed a credit of about Rs.2 crores; that he was a man of means and that the donation amount was duly accounted for and disclosed in the return already filed. Therefore, he had sufficient monies to make the donation, which fact he was not resiling from. He contends that if the Assessing Officer ('AO') had examined the return filed, it would have become evident that the withdrawals and the donation of Rs.28,75,000.00 were duly accounted for.