Ankur V. Bankda v. ACIT (2023) 295 Taxman 430 (Bom.)(HC)

S. 147 : Reassessment-With in four years-Unexplained investments-Failure to provide alleged SEBI Investigation report-Syncom Formulations Limited-Long term gains-Assessment order is set aside-Remanded back to Jurisdictional Assessing Officer (JAO) with a direction to make available to assessee a copy of report of SEBI relied upon in reasons to believe for re-opening of assessment. [S. 10(38) 69, 144B, 148, Art. 226]

On writ the assessee contended that was despite repeatedly calling upon Assistant Commissioner to provide a copy of SEBI’s report or finding as recorded in reasons, same had been not adhered to-Further, assessee was a family member of promoter group of Syncom Formulations Limited and there had never been any investigation by SEBI against Syncom Formulation Limited. Court held that the  assessee was justified in seeking a copy of report on which reliance had been placed while arriving at conclusion that there were reasons to believe that income of assessee had escaped assessment. Accordingly the  assessment order was  set aside and matter would be remanded back to Jurisdictional Assessing Officer (JAO) with a direction to make available to assessee a copy of report of SEBI relied upon in reasons to believe for re-opening of the assessment. (AY. 2017-18)