Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2009 (12) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2009 (12) TMI 629 - HC - Income TaxReopening of assessment - main ground of re-opening, as stated in the reasons recorded, appears to be non-application of provisions of Section 40A(3) of the Act on the cash purchases made by the petitioner from two concerns - legal issue which is raised by the petitioner is that the person who records the reasons, the person who issues the notice of reopening and the person who has to pass the assessment order are different and hence the same is not permissible under the law, Successor Assessing Officer cannot issue notice under Section 147 of the Act on the basis of the reasons recorded by Predecessor Assessing Officer [Hynoup Food and Oil Industries Limited (2008 - TMI - 31844 - GUJARAT HIGH COURT)] - Held that:- no infirmity in the issuance of the reopening notice by Mr. Katiyar. Even otherwise, there is no evidence before us which even remotely suggests that Mr. Katiyar, before issuing notice, has not recorded his satisfaction. These petitions are merely based on apprehensions. Notice of reopening of assessment cannot be challenged merely on apprehension, decision of this Court in the case of Hynoup Food and Oil Industries Limited (supra) has no application, and on this ground, the notice of reopening cannot be held to be invalid.
|