Point of Law: The provisions of sub-section (1) shall not apply in any case where any such assessment, reassessment or recomputation as is referred to in that sub-section relates to an assessment year in respect of which an assessment, reassessment or recomputation could not have been made at the time the order which was the subject-matter of the appeal, reference or revision, as the case may be, was made by reason of any other provision limiting the time within which any action for assessment, reassessment or recomputation may be taken

JUDGMENT :

(PER : HONOURABLE MR. JUSTICE J.B.PARDIWALA)

1. By this writ application under Article 226 of the Constitution of India, the writ applicant has prayed for the following reliefs;

“(A) quash and set aside the impugned notice at Annexure-A to this petition;

(B) pending the admission, hearing and final disposal of this petition, to stay the implementation and operation of the notice at Annexure-A to this petition and stay the further proceedings for the Assessment Year 2012-13;

(C) any other and further relief deemed just and proper be granted in the interest of justice;

(D) to provide for the cost of this petition.”

2. For the sake of convenience, the following details may be stated as under;

3. It appears from the materials on record that the writ applicant is one of the partners in a partnership firm running in the name and style of “M/s. Shree Khodiyar Developers”. The said partnership firm purchased two immovable properties (Block Nos.533 and 534 respectively, situated at Moje Palaswada, Dabhoi, District: Baroda) vide the sale deeds dated 30th May, 2011 for the total sale consideration of Rs.30,01,548/- and Rs.53,25,452/- respectively. The writ applicant herein is a signatory to the said conveyance deed in his capacity as a partner of the firm.

4. It is not in dispute that the sale consideration for the purchase of the two immovable properties, referred to above, was paid from the account of the partnership firm.

5. It appears that the partnership firm had not filed its return of income for the A.Y.2012-13.

6. The Income Tax Department thought fit to issue notice under Section 148 of the Act, 1961 to the writ applicant in his individual capacity proposing to reopen the assessment for the A.Y.2012-13 on the ground that the income chargeable to tax for the relevant year had escaped assessment within the meaning of Section 147 of the Act, 1961. The following reasons came to be assigned for the reopening of the assessment.

“1. Brief details of the Assessee:

Assessee is an individual and he has filed the return for the year under consideration declaring total income at Rs.3,64,000/- on 19.03.2013 vide acknowledgment no.580507250190313.

2. Brief details of information collected/received by the AO:

In this case the information was received from the ITO Ward-1(2)(4), Vadodara vide letter No. BRD/ITO/Wd.1(2)(4) Inf./2018-19 dated 18.02.2019 that assessee along with five others, has purchased two immovable property situated at Block No.533 and 534, Moje Palaswada, Dabhoi, Dist. Baroda for a consideration of Rs.30,01,548/- and Rs.53,25,452/- respectively.

3. Analysis of information collected/received.

It is seen that assessee has purchased two properties valuing Rs.88,13,060/- including registration and stamp charges in which his share is 1/6th (Rs.14,68,843).

4. Enquiries made by the AO as sequel to information collected/received:

The ITO, Ward-1(2)(4), Vadodara vide above mentioned letter forwarded the information and the addition made by the AO in case of one of the co-owner of the property is confirmed by the CIT (A) with a direction to ensure that assessment of unexplained investment in the hands of the other partners of the firm. Under these circumstances, there is no need to conduct separate enquiry for satisfaction of reason of escapement of income.

5. Findings of AO:

From the above facts available, it appears that assessee has made investment in the property to the tune of Rs.14,68,843/- as unexplained investment.

6. Basis of forming reason to believe and details of escapement of income:

Therefore, from the above facts I have reason to believe that entries to the extent of Rs.14,68,843/- has escaped assessment and I am satisfied that this is a fit case for reopening the assessment u/s.147 for A.Y.2012-13.

7. No infor