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SHREE SAYAN VIBHAG SAHKARI Versus DEPUTY COMMISSIONER OF INCOME TAX

2016 (4) TMI 815 - GUJARAT HIGH COURT

Validity of reopening of assessment - reasons recorded - Held that:- The impugned notice under section 148 of the Act has been issued on 25.03.2015 for reopening the assessment for assessment year 2008-09, which is clearly beyond a period of four years from the end of the relevant assessment year. On a perusal of the reasons recorded it is amply clear that there is nothing stated therein to the effect that there was any failure on the part of the petitioner to disclose fully and truly all materi .....

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cannot be said that on the reasons recorded for reopening the assessment, the Assessing Officer could have formed the belief that income chargeable to tax has escaped assessment. Therefore, even the first condition precedent for exercise of powers under section 147 of the Act, is not satisfied. Under the circumstances, the impugned notice issued under section 148 of the Act cannot be sustained. - Decided in favour of assessee - SPECIAL CIVIL APPLICATION NO. 2278 of 2016 - Dated:- 5-4-2016 - MS. .....

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ereinafter referred to as the Act ) whereby, he seeks to reopen the assessment of the petitioner for assessment year 2008-09. 3. The facts stated briefly are that the petitioner is a Cooperative Society manufacturing sugar from sugarcane supplied by its members and has been assessed to tax under the provisions of the Act for the last several years. For assessment year 2008-09, the Assessing Officer issued the impugned notice dated 25.03.2015 under section 148 of the Act in response to which, the .....

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the present petition. 4. Mr. Manish Shah, learned advocate for the petitioner invited the attention of the court to the reasons recorded for reopening the assessment, to submit that on similar grounds, in case of the petitioner and other similarly situated assessees, the Assessing Officer sought to reopen the assessment by issuing notice under section 148 of the Act, which came to be challenged by the petitioner and other assessees before this court and this court in the case of Shri Chalthan V .....

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he reasons recorded in the present case being more or less identical to the reasons recorded in the case of Shri Chalthan Vibhag Khand Udhyog Sahakari Mandali Ltd. v. Deputy Commissioner of Income Tax (supra), the present petition also deserves to be allowed by quashing and setting aside the impugned notice. Referring to the above decision, it was pointed out that the petitioner herein was one of the parties before this court and had challenged the reopening of its assessment for assessment year .....

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ters wherein, the court had followed the earlier decision in the case of Shri Chalthan Vibhag Khand Udhyog Sahakari Mandali Ltd. v. Deputy Commissioner of Income Tax (supra) and had quashed the notice under section 148 of the Act in a case relating to reopening of assessment wherein the return had been accepted under section 143(1) of the Act. 5. Mr. Sudhir Mehta, learned Senior Standing Counsel for the respondent, was not able to dispute the aforesaid position of law or to distinguish between t .....

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led reasons in support of its conclusion, has set aside the impugned notice under section 148 of the Act on the ground that the formation of opinion in the case of the assessee could not be sustained as the same can be said to be a borrowed satisfaction from another officer and such borrowed satisfaction, in the absence of any application of mind and any real finding in the case of the assessee, does not constitute valid reason to believe that the income has escaped assessment. The court took no .....

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