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2001 (12) TMI 18 - GUJARAT HIGH COURT
Reassessment, Notice - taking into consideration the totality of the circumstances and the facts which have come on record, it is apparent that the respondent himself is not sure as to the year of taxability and whether the said item requires to be taxed in the assessment year 1991-92 or the assessment year 1992-93. In such a situation, it is not possible to agree with the stand of the Revenue that any income could be stated to have escaped the assessment for the assessment year 1991-92 as a consequence of any failure or omission on the part of the assessee. The petition is therefore allowed. The impugned notice dated October 3, 1997 (annexure R) is quashed and set aside