1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- INCOME TAX APPEAL No. 179 of 2008 RAM CHANDER JANGID V/S I.T.O. WARD-2, NAGAUR Mr. ANJAY KOTHARI, for the appellant / petitioner Mr. KK BISSA, for the respondent Date of Order : 10.7.2009 HON'BLE SHRI N P GUPTA,J. HON'BLE SHRI GOVIND MATHUR,J. ORDER ----- Heard learned counsel for the appellant. In this case show cause notice was issued in view of the fact that learned counsel relied upon the judgment of this Court in C.I.T. Vs. Arihant Builders reported in 2008(6) DTR-185. However, it is pointed out by the learned counsel for the Revenue that in that case itself it was held that the assessment should have become final, and conclusive before 30.9.2004 while in the present case the matter was subjudiced in appeal, therefore, that judgment is of no assistance to the learned counsel for the appellant. Coming to the merits, in our view, the reopening has not been ordered only on the basis of departmental valuation officers' report rather during survey the 2 assessee himself surrendered Rupees One Lakh as unexplained investment in the cost of construction, and the assessee himself further furnished the report of the registered valuer showing the investment in construction of Rs. 4,04,700/- as against which he had only shown a sum of Rs. 3,01,860/- in his books of accounts. In that view of the matter, it is clear that there were good reasons with the assessing officer to believe that income chargeable to tax has escaped assessment. The matter had come to be reopened only because earlier it was assessed in the year 1998-99 but in appeal it was found that this investment was made in the immediately preceding year, therefore, the assessment of the year 1997-98 was reopened. In that view of the matter, we do not find any error either in reopening, or in sustaining the addition of Rs. 1,02,840/- as done by the learned Tribunal. The appeal thus has no force, and is dismissed summarily. ( GOVIND MATHUR ),J. ( N P GUPTA ),J. /Sushil/