Proposal Letter 148A (A) Shree Siddhivinayak Oil Foods - AY202021

Office of the
ASST. COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-3, VADODARA

6th floor, Aaykar Bhavan, Race Course Circle, Vadodara, Gujarat 390007
Tel. 0265 – 2331521 e-mail: baroda.dcit.cen3@incometax.gov.in
No. VDR/ACIT/CC-3/148A(a)/Siddhivinayak-AY2020-21/2023-24 Date:27/03/2024
To,
The Pr.Commissioner of Income-Tax (Central),
Surat
(Submitted through proper channel)
Respected Sir,
Subject:- Request for prior approval as per provisions of section 148A(a) for
conducting inquiry before issuing show cause notice to assessee u/s
148A(b) of the Income-tax Act, 1961 in the case of Shree
Siddhivinayak Oil Foods, PAN-ABBFS5042C for AY 2020-21- reg.
***
Kindly refer to the subject above.
2. In this connection, it is respectfully submitted that information has been flagged in the
case of the assessee for AY 2020-21 in CRIU/VRU for verification in Insight portal. In this case,
a search action u/s 132 of the Act was carried out at the residence of Shri Jigneshkumar A.
Sheth, Godhra and survey action u/s 133A of the Act has been carried out at the premises of
Shree Siddhivinayak Oil and Foods, Godhra on 05/11/2020. During the course of search and
survey proceedings, incriminating loose papers, diary etc. have been found and inventoried.
Following is the analysis of pages 18 & 19 of annexure A-1, Party C-2 as under:
3. As per the above agreement dated 18.11.2019, first party is the assessee i.e. Shree
Sidhivinayak Oil and Foods and second party is Rathi Durgaben Kishanlal. The summary of
the above agreement is as follows:
“Undersigned by Rathi DurgabenKishanlal Age 70 Add. Shivpark Soc., Opp. Ishvarnagar,

Maninagar, Ahmedabad. My son Rathi Sureshkumar Kishanlal is doing business in the name of
Mahesh Enterprise on above address of Ahmedabad. Mahesh Enterprise has purchased goods
from Shri Siddhi Vinayak Oil & Foods and supplied goods to 1. Vasitiram Traders Ahmedabad –
Rs.8,89,946/- 2. Sugar Suppliers Ahmedabad – Rs.21,19,005/- 3. Tirupati Fee lees Limited
Ahmedabad – Rs. 14,91,840/-. Mahesh Enterprise has received payment of Rs. 45,00,791/- from
all above parties but only Rs.18,40,000/- was paid to “Shree SidhiVinayak Oil and Foods” and
remaining payment of Rs. 26,60,791/- is not done to “Shree SidhiVinayak Oil and Foods”.
So doing notary banakhat of property at CT Survey No. 0010005 Sheet No. 001, 212.79 Sq. Mt.
date of property registration 09-10-2019. If unable to clear debt including interest upto march -30
“Shree Siddhi Vinayak Oil and Foods” can sell above property at market rate and clear debt
including interest...”
4. The explanations/comments of the assessee/Shri Jigneshkumar A. Sheth regarding the

above documents are as under:
“…Copy of Aadhar Card and Banakhat between firm Shri Siddhi Vinayak Oil & Foods and Smt.
Durgaben Kishanlal Rathi mother of Shri Sureshkumar Kishanlal Rathi. Shri Siddhi Vinayak Oil
& Foods had sold goods to Baba Vastiram Traders, J P Sugar Suppliers, Tirupati Fin Lease Ltd.
concern of Shri Kishorkumar Kishanlal Rathi. Since, the said parties were unable to pay firm
dues, the purchaser has executed this agreement for sale of land belonging to her mother as
security. The transactions with parties named in the agreement are duly recorded in the books of
firm Shri Siddhi Vinayak Oil & Foods…”
5. However, it is observed that the above purported sales have not been recorded in the
books of the assessee. Following is the ledger of Mahesh Enterprise in the books of Shree
Siddhivinayak Oil & Foods for the previous year 2019-20:
5. As per above ledger, during the previous year 2019-20 the assessee has only received
payments amounting to Rs.18,40,000/- from Mahesh Enterprise, and no sales have been
recorded in the ledger of Mahesh Enterprise by the assessee. These payments of
Rs.18,40,000/- also correlate with the figures mentioned in the above incriminating document
i.e. pg.18-19 of A-1. Therefore, the assessee has made unaccounted sales of Rs.45,00,791/- to
Mahesh Enterprise during the previous year 2019-20 relevant to AY 2020-21.
6. The above constitutes information with the AO, which suggests income chargeable to
tax has escaped assessment in the case of the assessee, which falls in the purview of the
explanation -1(i) to section 148 of the IT Act.
7. As discussed above, it is seen that the assessee has suppressed sales, and further
inquiry is required in the case to ascertain the details. Details of the case are as under:
S.No. Name of the assessee PAN AY Enquiry
1. Shree Siddhivinayak ABBFS5042C 2020-21 Approval for calling of

Oil Foods information u/s 133(6) of
the Act from the assessee.
8. In view of above, it is requested to kindly accord approval for conducting inquiry in the
above case u/s 148A(a) of the IT Act for AY 2020-21.
Submitted please.
Yours faithfully,
Encl.: As above.
[R.K.Singh]
Asst. Commissioner of Income-tax,
Central Circle-3, Vadodara
Pro-forma for approval under section 148A(a) of the Act
S.N. Requisite Parameters Remarks
1 Name of the assessee M/s Shree Siddhivinayak Oil Foods
2 PAN of the assessee ABBFS5042C
3 A.Y. 2020-21
4 Information received from Dy.CIT, Central Circle-2, Vadodara
5 Whether three years or less have No

elapsed from the end of relevant
Assessment Year?
(Specified Authority as per section Pr. Commissioner of Income-tax(Central),
151 of the Act) Surat
6 Gist of the Information (in one Suppression of sales of Rs.45,00,791/- in
sentence specify whether case of respect of sales made by the assessee to
Bogus loans/ unexplained Mahesh Enterprise.
investment/ cash income etc.)
7 Line of Inquiry (Draft Calling of information u/s 133(6) from the
Questionnaire) assessee.
ANNEXURE-A
DRAFT QUESTIONNAIRE TO ASSESSEE
To,
M/s Shree Siddhivinayak Oil Foods
Sir,
Sub: Calling for information u/s. 133(6) of the Income tax Act, 1961 in the case
of Shree Siddhivinayak Oil Foods (PAN:ABBFS5042C) for A.Y. 2020-21 -
reg.
Please refer to the subject captioned above.

2. With respect to income for the year under consideration, kindly submit the below
specified details:
a. Please furnish the computation of income for the relevant AY.
b. Provide a brief note about the nature of business activity carried out by you during the
year under consideration.
c. Provide the comparison of sales / turnover, gross profit, net profit, GP ratio, NP ratio for
the year under consideration and previous two years.
d. Please provide copy of sales register, stock register, and ledger accounts of Mahesh
Enterprises, Baba Vastiram Traders, J P Sugar Suppliers, Tirupati Fin Lease Ltd for the
previous year 2019-20. In addition, please furnish reconciliation of the ledgers of these entities
with the sales and stock register.
e. Please furnish details about the accounting and tax treatment in respect of financial
transactions entered during previous year 2019-20 by you with Smt. Durgaben Kishanlal Rathi
and Shri Sureshkumar Kishanlal Rathi.
3. Please furnish details of capital gain/loss incurred from sale of immovable properties
during the year, along with the following:
a) Copy of registered deed in respect of each property transferred during the year.
b) Documentary evidence in respect of purchase cost of the properties sold.
c) Documentary evidence of cost of improvement claimed, if any.
4. Please provide details related to status of appeals pending before authorities for
previous year 2019-20, if any.
5. Your complete reply in this regard may be furnished latest by information is sought
u/s. 133(6) of the 1. T. Act, 1961. Kindly note that failure to comply with this notice may
attract penal provisions u/s. 272A(2)(c) of the I. T. Act, 1961.
Yours faithfully,
[R.K.Singh]
Asst. Commissioner of Income-tax,
Central Circle-3, Vadodara

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Office of the

ASST. COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-3, VADODARA

“Undersigned by Rathi DurgabenKishanlal Age 70 Add. Shivpark Soc., Opp. Ishvarnagar,

4. The explanations/comments of the assessee/Shri Jigneshkumar A. Sheth regarding the

1. Shree Siddhivinayak ABBFS5042C 2020-21 Approval for calling of

1 Name of the assessee M/s Shree Siddhivinayak Oil Foods

2 PAN of the assessee ABBFS5042C

4 Information received from Dy.CIT, Central Circle-2, Vadodara

5 Whether three years or less have No

Please refer to the subject captioned above.

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