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2015 (6) TMI 849 - AT - Income TaxChallenge to the re-opening of assessment - Held that:- In the present case, on examination of the reasons given for reopening of the impugned assessment, the allegation of the AO was not that the assessee had not made true and complete disclosure or that the AO had come across certain material facts which were not filed at the time of filing of the return. But the reason assigned was that there was wrong claim of cost of acquisition in respect of the Long Term Capital Gain disclosed by the assessee. Due to this distinction, the decision of Sun Pharmaceuticals Industries [2012 (10) TMI 403 - Gujarat High Court] is not applicable on the facts of this appeal. Same ratio of judgments of Vipin Kumar P. Khandcliya [2013 (1) TMI 19 - GUJARAT HIGH COURT] and Dish man Pharmaceuticals and Chemicals [2012 (9) TMI 58 - Gujarat High Court] are not applicable here. Since the reopening of the assessment itself held as bad in law, therefore, rest of the grounds on merits need not to be adjudicated upon. - Decided partly in favour of assessee.
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