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2019 (3) TMI 1658 - AT - Income TaxReopening of assessment - original assessment was done on book profits u/s 115JB - addition to the returned income but it had no impact on the actual taxability inasmuch as, even after the impugned addition, the actual assessment was on the same book profits u/s 115JB - HELD THAT:- In INDIA GELATINE AND CHEMICALS LTD. [2015 (2) TMI 808 - GUJARAT HIGH COURT], PKM ADVISORY SERVICES P. LTD. [2011 (1) TMI 1105 - GUJARAT HIGH COURT] and MOTTO TILES PVT LTD [2016 (6) TMI 381 - GUJARAT HIGH COURT] even if the entire amount which is proposed to be added by the Assessing Officer is sustained, there would be no addition to the tax liability of the petitioner and the petitioner would still be governed by the provisions of section 115JB of the Act and assessed on the same book profit, it cannot be said that there was sufficient material before the Assessing Officer to form the belief that income chargeable to tax has escaped assessment. The impugned notice issued under section 148 of the Act, therefore, cannot be sustained
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