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2017 (2) TMI 540 - AT - Income TaxReopening of assessment - Claim of assessee u/s 10(38) relating to long term capital gain - Held that:- Claim cannot be just denied on the basis of presumption that they are in respect of fictitious and not genuine without allowing the assessee to go through the statement of Mukesh M. Chokshi used against her and also not allowing to cross examine him. Therefore, respectfully following the judgment of Hon. Supreme Court, in the case of Andaman Timber Industries (2015 (10) TMI 442 - SUPREME COURT ), Chartered Motors Pvt. Ltd. (2014 (9) TMI 83 - ITAT AHMEDABAD) and Dhwani Mahendra Shah [2017 (2) TMI 463 - ITAT AHMEDABAD] we allow this ground of assessee and quash the re-assessment proceedings u/s 143(3) r.w.s. 147 of the Act dated 18.3.2014. - Decided in favour of assessee
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