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2016 (9) TMI 644 - GUJARAT HIGH COURT

2016 (9) TMI 644 - GUJARAT HIGH COURT - TMI - Reopening of assessment - reasons the believe - Held that:- The impugned notice under section 148 of the Act has been issued on 18.03.2015 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 petit .....

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2015 (7) TMI 297 - GUJARAT HIGH COURT ), it 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. - Special Civil Application No. 2395 of 2016 - Dated:- 5-4 .....

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ereinafter referred to as the Act ), (Annexure A to the petition) whereby, he seeks to reopen the assessment of the petitioner for assessment year 2008-09 as well as the assessment order (Annexure H to the petition). 3. The facts stated briefly are that the petitioner is a Cooperative Society manufacturing sugar out of sugarcane supplied by its members and has been assessed to tax under the Act. For the assessment year 2008-09, the Assessing Officer had issued notice under section 148 of the Act .....

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hich came to be rejected by an order dated 20.12.2015. Thereafter, brushing aside the mandatory time of one month as laid down by this court in the case of Garden Finance Ltd. v. Assistant Commissioner of Income Tax, (2004) 268 ITR 48 (Guj.), wherein it has been held that the Assessing Officer should not proceed further with the reassessment proceeding for a period of one month from the date of dispatch of the order disposing of the objections, the respondent on the eighth day of the order dispo .....

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e petitioner and other assessees before this court and this court in the case of Shri Chalthan Vibhag Khand Udhyog Sahakari Mandali Ltd. v. Deputy Commissioner of Income Tax, (2015) 376 ITR 419, had set aside the impugned notice under section 148 of the Act, both on merits as well as on the ground that in the absence of any allegation in the notice under section 148 that there was any failure on the part of the assessee to disclose fully and truly all material facts necessary for assessment, the .....

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parties before this court and had challenged the reopening of its assessment for assessment years 2007-08, 2009-10 and 2010-11. It was further submitted that the above decision of this court was carried before the Supreme Court and the special leave petition filed against the said decision came to be dismissed and hence the said decision has attained finality. Reference was also made to an unreported decision of this court in the case of Shri Narmada Khand Udhyog Sahkari Mandali Ltd. v. Income T .....

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sel for the respondent, was not able to dispute the aforesaid position of law or to distinguish between the facts of the above cases and the present one. 6. On a perusal of the reasons recorded for reopening the assessment as referred to in the case of Shri Chalthan Vibhag Khand Udhyog Sahakari Mandali Ltd. v. Deputy Commissioner of Income Tax (supra) and the reasons recorded in the present case, it is evident that the grounds for reopening the assessment in the present case are identical to the .....

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ee, does not constitute valid reason to believe that the income has escaped assessment. The court took note of the fact that despite the fact that in certain cases, the reopening was beyond a period of four years, in the reasons recorded, there was not even a whisper as regards any failure on the part of the petitioner to disclose fully and truly all material facts. 7. In the facts of the present case, the impugned notice under section 148 of the Act has been issued on 18.03.2015 for reopening t .....

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