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2016 (3) TMI 502 - GUJARAT HIGH COURT

2016 (3) TMI 502 - GUJARAT HIGH COURT - TMI - Validity of reopening of assessment - non service of notice under section 143(2) - Held that:- CIT(Appeals) as well as the Tribunal had annulled the assessment proceedings on the ground that no notice under section 143(2) of the Act was ever issued. This issue is now squarely covered by the judgement of Supreme Court in case of Assistant Commissioner of Income-tax and another v. Hotel Blue Moon reported in (2010 (2) TMI 1 - SUPREME COURT OF INDIA). T .....

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the date of service of notice within time prescribed or otherwise, the Government in our opinion committed no error. - Decided against revenue - Tax Appeal No. 112, 113 of 2009 - Dated:- 3-3-2016 - Akil Kureshi And Z. K. Saiyed, JJ. For the Appellant : Mr Nitin K Mehta, Adv For the Respondent : Mr B S Soparkar, Adv ORDER ( Per : Honourable Mr. Justice Akil Kureshi ) These tax appeals were admitted for consideration of following common substantial questions of law : "TAX APPEAL NO.112 0f 200 .....

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l loss of ₹ 1,65,04,393/- ? (D) Whether the Appellate Tribunal is right in law and on facts in not appreciating that the investment made in shares are held by the assessee as stockintrade ? TAX APPEAL NO.113 OF 2009 (ASSESSMENT YEAR 1997-98) (A) Whether the Appellate Tribunal is right in law and on facts in holding that the reassessment order passed under Section147 was improper and required to be cancelled ? (B) Whether the Appellate Tribunal is right in law and on facts in directing the .....

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