1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2191 OF 1999 1 C.I.T., Mumbai City XIV, Aayakar Bhavan, M.K.Road, Mumbai- 400 020 ...Petitioner. v. 1 The Income-Tax Settlement Commission, Mahalaxmi Chambers, Mahalaxmi, Mumbai 400 034. 2 Ajmera Housing Corporation, Bombay “Royal Classic”, Andheri, Link Road, Opposite Telephone Office, (Near Laxmi Industries Estate) Andheri (W), Mumbai 400 058. 3 Shri Chhotalal S. Ajmera (HUF), (Represented by Shri Chhotalal S. Ajmera-Karta) Hanuman Building, (1st floor), 308, Perin Nariman St., Fort, Mumbai- 400 001. ...Respondents. WITH WRIT PETITION NO.2742 OF 1999 1 C.I.T., Mumbai City XIV, Aayakar Bhavan, M.K.Road, Mumbai- 400 020 ...Petitioner. v. 1 The Income-Tax Settlement Commission, Mahalaxmi Chambers, Mahalaxmi, Mumbai 400 034. 2 2 Shri Chhaganlal S. Ajmera Hanuman Building, (1st floor), 308, Perin Nariman St., Fort, Mumbai- 400 001. ...Respondents. WITH WRIT PETITION NO.2778 OF 1999 1 C.I.T., Mumbai City XIV, Aayakar Bhavan, M.K.Road, Mumbai- 400 020 ...Petitioner. v. 1 The Income-Tax Settlement Commission, Mahalaxmi Chambers, Mahalaxmi, Mumbai 400 034. 2 Shri Natwarlal S. Ajmera, Hanuman Building (1st floor) 308, Perin Nariman St., Fort, Mumbai- 400 001. ...Respondents. WITH WRIT PETITION NO.2779 OF 1999 1 C.I.T., Mumbai City XIV, Aayakar Bhavan, M.K.Road, Mumbai- 400 020 ...Petitioner. v. 1 The Income-Tax Settlement Commission, Mahalaxmi Chambers, Mahalaxmi, Mumbai 400 034. 2 Shri Rajnikant S. Ajmera, 3 Hanuman Building (1st floor) 308, Perin Nariman St., Fort, Mumbai- 400 001. ...Respondents. WITH WRIT PETITION NO.2780 OF 1999 1 C.I.T., Mumbai City XIV, Aayakar Bhavan, M.K.Road, Mumbai- 400 020 ...Petitioner. v. 1 The Income-Tax Settlement Commission, Mahalaxmi Chambers, Mahalaxmi, Mumbai 400 034. 2 Shri Shashikant S. Ajmera H.U.F. , Hanuman Building (1st floor) 308, Perin Nariman St., Fort, Mumbai- 400 001. ...Respondents. 3 Shri Shashikant S. Ajmera Karta of Respondent No.2, Hanuman Building (1st floor) 308, Perin Nariman St., Fort, Mumbai- 400 001. WITH WRIT PETITION NO.2832 OF 1999 1 C.I.T., Mumbai City XIV, Aayakar Bhavan, M.K.Road, Mumbai- 400 020 ...Petitioner. v. 1 The Income-Tax Settlement Commission, Mahalaxmi Chambers, Mahalaxmi, Mumbai 400 034. 2 Shri Chhotalal S. Ajmera H.U.F. , 4 Hanuman Building (1st floor) 308, Perin Nariman St., Fort, Mumbai- 400 001. ...Respondents. 3 Shri Chhotalal S. Ajmera, Hanuman Building (1st floor) 308, Perin Nariman St., Fort, Mumbai- 400 001. WITH WRIT PETITION NO.2833 OF 1999 1 C.I.T., Mumbai City XIV, Aayakar Bhavan, M.K.Road, Mumbai- 400 020 ...Petitioner. v. 1 The Income-Tax Settlement Commission, Mahalaxmi Chambers, Mahalaxmi, Mumbai 400 034. 2 Yogi Corporation, Hanuman Building (1st floor) 308, Perin Nariman St., Fort, Mumbai- 400 001. ...Respondents. 3 Shri Chhotalal S. Ajmera, Hanuman Building (1st floor) 308, Perin Nariman St., Fort, Mumbai- 400 001. WITH WRIT PETITION NO.2834 OF 1999 1 C.I.T., Mumbai City XIV, Aayakar Bhavan, M.K.Road, Mumbai- 400 020 ...Petitioner. v. 1 The Income-Tax Settlement Commission, Mahalaxmi 5 Chambers, Mahalaxmi, Mumbai 400 034. 2 Vijaynagar Corporation, Hanuman Building (1st floor) 308, Perin Nariman St., Fort, Mumbai- 400 001. ...Respondents. 3 Shri Shashikant S. Ajmera, Hanuman Building (1st floor) 308, Perin Nariman St., Fort, Mumbai- 400 001. WITH WRIT PETITION NO.2835 OF 1999 1 C.I.T., Mumbai City XIV, Aayakar Bhavan, M.K.Road, Mumbai- 400 020 ...Petitioner. v. 1 The Income-Tax Settlement Commission, Mahalaxmi Chambers, Mahalaxmi, Mumbai 400 034. 2 Ajmera Housing Corporation, Pune Hanuman Building (1st floor) 308, Perin Nariman St., Fort, Mumbai- 400 001. 3 Shri Shashikant S. Ajmera, Hanuman Building (1st floor) 308, Perin Nariman St., Fort, Mumbai- 400 001. ...Respondents. WITH WRIT PETITION NO.57 OF 2000 1 C.I.T., Mumbai City XIV, Aayakar Bhavan, M.K.Road, Mumbai- 400 020 ...Petitioner. 6 v. 1 The Income-Tax Settlement Commission, Mahalaxmi Chambers, Mahalaxmi, Mumbai 400 034. 2 Jyotiben N. Ajmera, Hanuman Building (1st floor) 308, Perin Nariman St., Fort, Mumbai- 400 001. ...Respondents. WITH WRIT PETITION NO.63 OF 2000 1 C.I.T., Mumbai City XIV, Aayakar Bhavan, M.K.Road, Mumbai- 400 020 ...Petitioner. v. 1 The Income-Tax Settlement Commission, Mahalaxmi Chambers, Mahalaxmi, Mumbai 400 034. 2 Shri Jayant I. Ajmera, Hanuman Building (1st floor) 308, Perin Nariman St., Fort, Mumbai- 400 001. ...Respondents. WITH WRIT PETITION NO.64 OF 2000 1 C.I.T., Mumbai City XIV, Aayakar Bhavan, M.K.Road, Mumbai- 400 020 ...Petitioner. v. 1 The Income-Tax Settlement Commission, Mahalaxmi Chambers, Mahalaxmi, Mumbai 400 034. 7 2 Late Smt. Hasumati I. Ajmera, Legal heir Shri Ishwarlal S. Ajmera, Hanuman Building (1st floor), 308, Perin Nariman St., Fort, Mumbai- 400 001. ...Respondents. 3 Shri Ishwarlal S. Ajmera, Hanuman Building (1st floor) 308, Perin Nariman St., Fort, Mumbai- 400 001. WITH WRIT PETITION NO.65 OF 2000 1 C.I.T., Mumbai City XIV, Aayakar Bhavan, M.K.Road, Mumbai- 400 020 ...Petitioner. v. 1 The Income-Tax Settlement Commission, Mahalaxmi Chambers, Mahalaxmi, Mumbai 400 034. 2 Shri Shashikant S. Ajmera Hanuman Building, (1st floor), 308, Perin Nariman St., Fort, Mumbai- 400 001. ...Respondents. WITH WRIT PETITION NO.66 OF 2000 1 C.I.T., Mumbai City XIV, Aayakar Bhavan, M.K.Road, Mumbai- 400 020 ...Petitioner. v. 1 The Income-Tax Settlement Commission, Mahalaxmi Chambers, Mahalaxmi, Mumbai 400 034. 8 2 Smt. Kokilaben Shashikant Ajmera Hanuman Building, (1st floor), 308, Perin Nariman St., Fort, Mumbai- 400 001. ...Respondents. WITH WRIT PETITION NO.73 OF 2000 1 C.I.T., Mumbai City XIV, Aayakar Bhavan, M.K.Road, Mumbai- 400 020 ...Petitioner. v. 1 The Income-Tax Settlement Commission, Mahalaxmi Chambers, Mahalaxmi, Mumbai 400 034. 2 Shri Ishwarlal S. Ajmera Hanuman Building, (1st floor), 308, Perin Nariman St., Fort, Mumbai- 400 001. ...Respondents. WITH WRIT PETITION NO.92 OF 2000 1 C.I.T., Mumbai City XIV, Aayakar Bhavan, M.K.Road, Mumbai- 400 020 ...Petitioner. v. 1 The Income-Tax Settlement Commission, Mahalaxmi Chambers, Mahalaxmi, Mumbai 400 034. 2 Shri Chhotalal S. Ajmera Hanuman Building, (1st floor), 308, Perin Nariman St., Fort, Mumbai- 400 001. ...Respondents. 9 WITH WRIT PETITION NO.93 OF 2000 1 C.I.T., Mumbai City XIV, Aayakar Bhavan, M.K.Road, Mumbai- 400 020 ...Petitioner. v. 1 The Income-Tax Settlement Commission, Mahalaxmi Chambers, Mahalaxmi, Mumbai 400 034. 2 Vimlaben B.. Ajmera Hanuman Building, (1st floor), 308, Perin Nariman St., Fort, Mumbai- 400 001. ...Respondents. WITH WRIT PETITION NO.161 OF 2000 1 C.I.T., Mumbai City XIV, Aayakar Bhavan, M.K.Road, Mumbai- 400 020 ...Petitioner. v. 1 The Income-Tax Settlement Commission, Mahalaxmi Chambers, Mahalaxmi, Mumbai 400 034. 2 Shri Natwarlal S. Ajmera H.U.F., Hanuman Building, (1st floor), 308, Perin Nariman St., Fort, Mumbai- 400 001. 3 Shri Natwarlal S. Ajmera , Karta of Respondent No.2, Hanuman Building, (1st floor), 308, Perin Nariman St., Fort, Mumbai- 400 001. ...Respondents. 10 ALONGWITH WRIT PETITION NO.177 OF 2000 1 C.I.T., Mumbai City XIV, Aayakar Bhavan, M.K.Road, Mumbai- 400 020 ...Petitioner. v. 1 The Income-Tax Settlement Commission, Mahalaxmi Chambers, Mahalaxmi, Mumbai 400 034. 2 Smt. Rajnikant S. Ajmera, (H.U.F.), Hanuman Building (1st floor) 308, Perin Nariman St., Fort, Mumbai- 400 001. 3 Shri Rajnikant S. Ajmera, Karta of Respondent No.2, Hanuman Building (1st floor) 308, Perin Nariman St., Fort, Mumbai- 400 001. ALONGWITH WRIT PETITION NO.192 OF 2000 1 C.I.T., Mumbai City XIV, Aayakar Bhavan, M.K.Road, Mumbai- 400 020 ...Petitioner. v. 1 The Income-Tax Settlement Commission, Mahalaxmi Chambers, Mahalaxmi, Mumbai 400 034. 11 2 Smt. Bhanumati C. Ajmera, Hanuman Building (1st floor) 308, Perin Nariman St., Fort, Mumbai- 400 001. ...Respondents. ALONGWITH WRIT PETITION NO.193 OF 2000 1 C.I.T., Mumbai City XIV, Aayakar Bhavan, M.K.Road, Mumbai- 400 020 ...Petitioner. v. 1 The Income-Tax Settlement Commission, Mahalaxmi Chambers, Mahalaxmi, Mumbai 400 034. 2 Shri Shailesh Bhogilal Ajmera, Hanuman Building (1st floor) 308, Perin Nariman St., Fort, Mumbai- 400 001. ...Respondents. ALONGWITH WRIT PETITION NO.1965 OF 2000 1 C.I.T., Mumbai City XIV, Aayakar Bhavan, M.K.Road, Mumbai- 400 020 ...Petitioner. v. 1 The Income-Tax Settlement Commission, Mahalaxmi Chambers, Mahalaxmi, Mumbai 400 034. 12 2 Shri Bhogilal S. Ajmera, Hanuman Building (1st floor) 308, Perin Nariman St., Fort, Mumbai- 400 001. ...Respondents. Mr. B.M.Chatterji , adv. For the Petitioners. Mr. S.N.Inamdar with P.J.Pardiwala, Sr.Counsel and Mrs. Vasanti B. Patel, advs. For the Respondents. CORAM : F.I. REBELLO & J.H. BHATIA, JJ. DATED : 8th July , 2009 JUDGMENT: (Per J.H.Bhatia, J.) 1 This is a group of petitions filed by the Commissioner of Income-tax challenging the orders dated 29.1.1999 passed by the Income-tax Settlement Commissioner/Respondent No.1. 2 All these petitions pertain to the applications made by the Ajmera Group of firms and their partners under Section 245C of the Income-tax Act for settlement of the tax liability for the assessment years 1989-90 to 1993-94. Ajmera group consisted of mainly four firms, namely, Ajmera Housing Corporation, Bombay, Yogi Corporation, Vijay Nagar Corporation and Ajmera Housing Corporation, Pune. They are all engaged in the business of land developers, builders and contractors. Main business was run by Ajmera Housing Corporation, Bombay and 13 had undertaken development and construction of majority projects in Shastri Nagar, Andheri, Bombay. Project was under development and construction in phases since 1986. In January, 1989 and again in December, 1992, searches were conducted in the premises of Ajmera Group under Section 132(1) and voluminous books of accounts, loose papers and other documents were seized during the second search. 16 such files and loose papers were seized during search of the residence of one B.L Vora, Accountant of this Ajmera group, who was their confidant. A computer was also found at the residence of said Vora from which hard disc was taken out and seized. Papers were seized including trial balance dated 31.8.1992 which was allegedly prepared in the normal course on the basis of information in the hard disc. Another trial balance-sheet was prepared on the basis for the period on 17.11.1992 on the basis of receipts and expenses accounts from 1.4.1981 to 17.11.1992. At the time of search, said Vora had tried to run away with several documents and papers and during the chase, he had thrown the same in some gutter but they were finally retrieved. Vora admitted in his statement that he was maintaining secret books and documents in code words as per the instructions given to him by Chhotalal Ajmera, who was controlling the whole Ajmera Group. 14 3 For the sake of convenience, facts related to Ajmera Housing Corporation, Bombay, which is the main firm and in which other firms and partners have stakes, may be taken up. Ajmera Housing Corporation, Bombay disclosed additional income of Rs.1,94,33,580/- for the assessment years 1989-90 to 1993-94, in addition to the income already shown in the returns submitted by them, with their application under Section 245C. They claimed to have received certain on-money, out of which 90% was spent for the purpose of business and only 10% was the actual income. However, on 19th September, 1994, they revised additional income to Rs.11.41 crores for the aforesaid period. It is material to note that total disclosure of Rs.17.03 crores was made for entire group including the amount of Rs.11.41 crores for Ajmera Housing Corporation, Bombay. In the report of the Commissioner dated 27.1.1994 under Section 245D(1), the total income of Ajmera Housing Corporation, Bombay was to the tune of Rs.223.56 crores. Another report dated submitted by the CIT (DR) to the Settlement Commissioner pointed out undisclosed income of 114.85 crores, which included on money, investment in business properties and business assets and loans received. As per Rule 8, another report dated 30.8.1995 was submitted by the CIT. It appears that certain duplication and mistakes were pointed out and, 15 therefore, a rectified report with a note about re-conciliation was submitted on 20.10.1997 by the CIT to the Settlement Commission and as per this final report, total undisclosed income was to the tune of Rs. 187.20 crores. It included amount of Rs.42.57 crores towards on money and also several investments and amounts received as well as unjustifiable expenses and withdrawals shown in the books. Respondents offered additional income of Rs.2.76 crores and further amount of Rs.7 crores to cover up certain discrepancies or other disputable additions to the revised additional income as per annexure dated 19th September, 1994 to settle the case. As per this final revision, besides the amount of income shown in the returns, an amount of Rs.21.17 crore as additional income on completed projects and further an amount of Rs.20.36 crore on incomplete projects was disclosed/offered. 4 Settlement Commission passed the final order under Section 245D(4) on 29.1.1999 accepting the disclosures and additions made by the respondents and worked out details for different assessment years, as per the annexures A1 to A5 with the said order and accordingly, tax liability was fixed on the basis of on money received for the completed projects and directed that on money received on the uncompleted projects, shall be deemed to be advance receipts and the same shall be 16 adjusted as on money as and when the said projects would be completed. The Settlement Commission imposed token penalty of Rs.50 lakh as against the minimum leviable penalty of Rs.562.87 lakh as per its own calculations, in view of co-operation given by the respondents in the proceedings. Penalty was also to be distributed in the assessment years as shown in the order. Settlement Commission also granted immunity against the prosecution and in respect of other penalty under the Act. Settlement Commission also passed separate orders in respect of each of the applications made by the different firms and partners of Ajmera Group. 5 The said order dated 29.1.1999 passed by the Settlement Commission came to be challenged in this group of petitions. On behalf of the Revenue, main contentions against the order of Settlement Commission are thus; Firstly, the respondents had not made true and full disclosure about their undisclosed incomes alongwith the applications under Section 245C on 30th September, 1993. On that day, though it disclosed additional income of Rs.1.94 crore only and this was revised alongwith confidential annexure dated 19th September, 1994 to Rs.11.41 crore. Not only this, they made further additions of Rs.2.76 crore and Rs.7 crore. It is contended that as they had failed to make true 17 and full disclosures at the time of making applications, applications were liable to be rejected on that count only and there should not have been any further proceedings. Secondly, as per the provisions of Section 245D(1), when the application is made for settlement , a report is required to be called from Commissioner and after the application is allowed to be heard, a further report is required to be called by making confidential Annexure available to the Commissioner. In the present case, such report was called on the basis of initial disclosure of additional income of Rs.1.94 crore as per the application dated 30th September, 1993. However, no such opportunity was given to the Revenue to submit a report on the basis of revised confidential annexure dated 30th September, 1994 and thus, there was breach of the provisions of Section 245D and the Rules thereunder. Thirdly, as per the report of the Commissioner dated 30th August, 1995, as rectified on 20th October, 1997, total undisclosed income of Ajmera Housing Corporation, Bombay was Rs.187.2 crore. The Settlement Commission considered only the receipt of on money but ignored the other receipts and investments. Lastly the conduct of the respondents was not such that penalty could be drastically reduced or waived as was done by the Settlement Commission. With these contentions, the Revenue prayed for setting 18 aside and quashing the order passed by the Settlement Commission 6 Before proceeding with the matter, it will be useful to state that earlier this Court, by the judgment dated 28th July, 2000, had allowed this writ petition and had set aside the order of the Settlement Commission on the ground, besides other things, that the Settlement Commission had not given any findings as to whether there was full and true disclosure of the income. As a result, the matter was remanded back to the Settlement Commission for reconsideration of the matter keeping all the questions open. Judgment of this Court was challenged by the respondents in group of appeals and by the order dated 11th July, 2006, Supreme Court set aside the order of this Court and remanded back the petition for fresh hearing mainly on the ground that the Senior counsel appearing for the assessees had pointed out that though the second report submitted by the Commissioner on 20th October, 1997 estimating undisclosed income of Rs.42.5 crore approximately coincides and equals to the figure arrived at by the Settlement Commission in the final order and that report had not been taken into consideration by the High Court. Their Lordships did not express any opinion on the merits of the disputes, findings recorded in the first or second report . 7 Heard the learned counsel for the parties. At the outset it may be 19 stated that even though initially, it was contended by the learned counsel for the respondents that writ petition under Article 226 of the Constitution will not be tenable because the very purpose of the making provisions for settlement by the Settlement Commission was to finally settle all the disputes in respect of income, income-tax penalties, etc. and once, the Settlement Commission has finally settled it and settlement has been acted upon by the respondents having paid income-tax and penalty amounts, this Court should not interfere. The learned counsel for the Revenue, however, contended that there is no other efficacious remedy available to the Revenue, when it is not satisfied with the final order of Settlement Commissioner. After some discussion at the bar, the learned counsel for the respondents did not press the point of tenability of the writ petitions, therefore, we do not enter into that question at any length. 8 On perusal of the record, particularly different reports submitted by the Commissioner to the Settlement Commission and the final order passed by the Settlement Commission, it is no more in dispute that after the search of the premises of the Ajmera group as well as their accountant Vora on two occasions, application for settlement under Section 245C was made on 30th September, 1993 wherein additional income of Rs.1.94 crore was disclosed with confidential annexure. After 20 receipt of that application, under Section 245D(1), report of the Income- tax Commissioner was called and as per that report additional income should have been Rs.223.56 crore. In that report, the Commissioner had contended that the assessee had not made true and full disclosures of his income as required under Section 245C and on that ground, application was liable to be rejected. However, the Settlement Commission passed the order on 17th November, 1994 accepting the application of their assessee for consideration and accordingly, further report of Commissioner, Income-tax was called and as per the report dated 30th August, 1995 corrected by Additional report and reconciliation note dated 20th October, 1997, undisclosed income was shown to be Rs.187.2 crore. The learned counsel for the Revenue pointed out that after the initial report under Section 245D(1) was submitted by the Commissioner, matter was heard on 12.9.1994. The order admitting application was passed on 17.11.1994. After the date of last hearing and before the admission order, on 19.9.1994, a revised confidential annexure declaring additional income of Rs.11.41 crore was submitted. It is contended that the confidential annexure dated 19.9.1994 was never made available to the Commissioner, Income-tax and he could not go through information provided by the assessee in the said disclosures and 21 he also could not submit his report effectively. It is contended that this was in violation of Section 245D and the rules made thereunder. 9 Section 245C(1) provides that assessee may make an application in such a format and in such a manner as has been prescribed and containing full and true disclosure of his income which has not been disclosed before the Assessing Officer, manner in which such income has been derived, additional amount of income-tax payable on such income and such other particulars as has been prescribed to the Settlement Commission to have the case settled. Section 245D(1), as it stood before the amendment by the Finance Act, 2007 provided that on receipt of the application under Section 245C, the Settlement Commission shall call for the report from the Commissioner and on the basis of material contained in such report and having regard to the nature and circumstances of the case or the complicity of the investigation involved therein may pass an order either rejecting or allowing the application. If the application is not rejected and is allowed to be proceeded with, the Settlement Commission may call for the relevant records from the Commissioner and after examination of such records, if the Settlement Commission is of the opinion that any further enquiry or investigation in the matter is necessary, it may direct the Commissioner to make or cause 22 to be made such further enquiry or investigation and furnish the report on the matters covered by the applications or any other matter relating to the case. Rule 5 of the Settlement Commission Procedure Rules provides that the settlement application shall be presented in the form no.34(b), which provides that alongwith the application there should be confidential information in the annexure. Rule 6 provides that on receipt of the settlement application, copy of such application, excluding annexure, shall be forwarded by the Commission to the Commissioner with the direction to furnish report. Rule 9 provides that where an order is passed by the Commission under Section 245D(1) allowing the settlement application to be proceeded with, copy of the annexure to the said application together with a copy of each of the statements and other documents accompanying such annexures shall be forwarded to the Commissioner alongwith the copy of the said order with the direction that the Commission shall furnish a further report, which may be done after making necessary inquiry or investigation. In the present case, application under Section 245C was made disclosing additional income of Rs.1.94 crore. On that basis commissioner’s report was called under Section 245D(1) and on that basis, matter was heard and it was admitted. Before the order of admission was passed on 17.11.1994, the assessee 23 revised their earlier application with Confidential annexure disclosing additional income of Rs.11.41 crore. In fact, this was revision of original application and, therefore, this revised application should have been sent to the Income-tax Commissioner for its report under Section 245D(1) but this was not done and admission order was passed on 17.11.1994. It is vehemently contended on behalf of the Revenue that the revised application and the confidential annexures dated 19.9.1994 were never made available to the Commissioner and this was violation of Rule 6 and 9 and thus, Revenue did not get sufficient opportunity of hearing in proceeding. There appears substance in this contention. In our opinion, non furnishing of that application and confidential annexures to the Commissioner amounted to violation of Rule 9 and on this count, it can be held that Revenue did not get sufficient opportunity to contest the application. 10 The learned counsel for the Assessee harped upon the statement made before the Supreme Court that in the second report submitted by the Commissioner was admitted on 20th October, 1997, undisclosed income was estimated at Rs.42.5 crore and the Settlement Commission also noted approximately the same income. However, the learned counsel for the Revenue, on the basis of record, pointed out that 24 the second report under Section 245D(4) read with Rule 9 was submitted on 30th August, 1995. As an objection was taken on behalf of the assessee about correctness or duplication of certain entries after removal of the errors, a note about reconciliation was submitted on 20th October, 1997 pertaining the second report submitted on 30th August, 1995. As per this rectified report, commissioner had assessed the undisclosed income of Rs.187.20 crore. This included annexures (A) and (B), which showed undisclosed income of Rs.42,56,78,455/- on account of on money alone. Annexure (C) reveals amount of Rs.45,27,52,985/- showing investment in cash, properties, drafts and others. Annexure (D) revealed details of cash receipts and its total was Rs.54,71,31,828/-. Annexure (L) gave details of various cash payments by the respondents. This amount was assessed at Rs.39,20,41,517/-. On perusal of the record, we find substance in the contention of the learned counsel for the respondents. It appears that what was pointed out before the