Document Fragment View

Matching Fragments

5. Brief facts of the case are that the assessee is an individual. A search and seizure operation u/s 132(1) of the Act was conducted on 19.02.2004 in the case of the assessee as well as his associates/relatives. In this search operation, substantial investments in form of movable and immoveable properties were discovered which was alleged to have been unaccounted income of the assessee. The investigation revealed significant undisclosed income from activities related to examinations and recruitment process such as pre-medical exams, Bank P.O exams etc. Accordingly, the Assessing Officer initiated proceedings u/s 153A of the Act and due notices were issued to the assessee requiring to file returns. Thereafter, the Assessing Officer completed the assessment for the relevant year by determining substantial undisclosed income. Subsequent to the assessment, it was found that the assessee had used multiple alias names such as Indrajeet Kumar (Singh) and Ranjit Singh. Later on, income was assessed in the name of Indrajeet Kumar and merged with the assessed income of the assessee which was ultimately brought to tax by the Assessing Officer as there was no separate existence for different proceedings were found by the Assessing Officer. While passing the assessment order, the Assessing Officer clearly stated the facts in his assessment order at page 4 and I.T.A. Nos.212 to 216/Pat/2023 Assessment Years: 1998-99 & 2001-02 to 2004-05 Kumar Suman Singh assessed the income of the present assessee in respect of bail petition filed before the Hon'ble Patna High Court in Criminal Misc. No.879 of 2006, the contents of which are as under:

"Later on, it was detected that Shri Indrajeet Kumar(Singh) is actually the other name of Shri Kumar Suman Singh, as was evident from the bail petition filed before the Hon'ble Patna High Court by Shri Kumar Suman Singh in Criminal Misc. No. 879 of 2006, which shows that it was Kumar Suman Singh who was also known as Ranjit Singh/Indrajit Singh. Also, on perusal of the copy of L.I.C. policy no. 512001452 and policy no. 512001422, it was found that the policy holder is Shri Indrajeet Kumar and nominee/assignee is Shri Shyam Sundar Prasad and column for relative with the policy holder bears the term 'father'. Family chart of the assessee shows that Shri Kumar Suman Singh, S/o Shri Shyam Sundar Prasad has no any brother with the name 'Indrajeet Kumar'. Thus, it is amply clear that the person with the name Indrajeet Kumar/Prasad is none else, but Shri Kumar Suman Singh himself.

10. Ground No.2 - In respect of ground no.2 which is relating to confirmation of addition of Rs.1,00,000/- on account of household expenses including payment of insurance premium, the ld. DR stated that the assessee has used multiple alias names including Indrajeet Singh which is evident from the documents such as LIC policy and bail petition filed by the Hon'ble Patna High Court. He also stated that the Assessing Officer after making detailed enquiries concluded that Indrajeet Singh was not a separate individual but another alias name used by the assessee and accordingly, the income assessed in the name of Indrajeet Singh was assessed in the hands of the assessee.

12. Ground No.3 - In respect of ground no.3 which is relating to inclusion of income by the ld. CIT(A) of Rs.7,59,520/- in the hands of Sri Indrajeet Singh as income of the assessee, the ld. DR stated that this fact emerged from the bail petition filed before the Hon'ble Patna High Court in Criminal Misc. No.879 of 2006, which shows that the assessee is known as Ranjit Singh/Indrajit Singh. The ld. DR also stated that on perusal of the copy of L.I.C. policy no. 512001452 and policy no. 512001422, it was found that the policy holder is Shri Indrajeet Kumar and nominee/assignee is Shri Shyam Sundar Prasad and column for relative with the policy holder bears the term 'father' and Family chart of the assessee shows that Shri Kumar Suman Singh, S/o Shri Shyam Sundar Prasad has no any brother with the name 'Indrajeet Kumar'. Thus, it is amply clear that the person with the name Indrajeet Kumar/Prasad is none else, but Shri Kumar Suman Singh himself. The ld. DR concluded that the ld. CIT(A) in this respect has rightly upheld the addition of Rs.7,59,520/- in the hands of the assessee.