Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2019 (10) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (10) TMI 740 - GUJARAT HIGH COURTReopening of assessment u/s 147 - HELD THAT:- As submitted that after considering the submission made by the petitioner and duly examining all aspects of the matter, the then AO had allowed the claim for deduction u/s 80IB(10) while framing assessment u/s 143(3). As submitted that therefore, the respondent seeks to reopen the assessment merely on the basis of change of opinion. Reference was also made to the sanction given by the superior officer under section 151 to submit that the same has been granted mechanically without application of mind to the facts of the present case and is based merely upon the reasons recorded by the Assessing Officer. As submitted that in this case, the reopening of assessment is beyond a period of four years from the end of the relevant assessment year and hence, in the absence of any failure on part of the petitioner to disclose full and truly all material facts, the assumption of jurisdiction under section 147 of the Act by the respondent Assessing Officer is without authority of law. Having regard to the submissions advanced by the learned advocate for the petitioner, issue notice, returnable on 21.10.2019. By way of adinterim relief the respondent is restrained from proceeding further pursuant to the impugned notice dated 31.3.2018 issued under section 148 of the Act seeking to reopen the assessment of the petitioner for Assessment Year 2012-2013.
|