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2013 (8) TMI 109 - GUJARAT HIGH COURTValidity of notice u/s 148 - Claim u/s 10B scrutinized in original assessment - Tribunal held notice not valid - Held that:- claim of the assessee for exemption under section 10B of the Act was scrutinized by the Assessing Officer in detail in the original assessment - The claim of exemption under section 10Bof the Act was not disturbed and this was done without giving detailed reasons for the same - The mere fact that the Assessing Officer did not give reasons for not disturbing the claim made by the Assessee in the final order of assessment would not authorize the Assessing Officer to reopen the same issue even within a period of four years from the end of relevant assessment year - Following decision of Gujarat Power Corporation Ltd. Vs. Assistant Commissioner of Income Tax [2012 (9) TMI 69 - Gujarat High Court] - Decided against Revenue.
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