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2016 (12) TMI 413 - GUJARAT HIGH COURT

2016 (12) TMI 413 - GUJARAT HIGH COURT - TMI - Reasons for re-opening the case u/s. 147 - as contended by assessee that the assessment is sought to be reopened on the audit objections only and there is no independent opinion formed by the A.O. - Held that:- We call for the original files from the office of the A.O. Mr. Parikh, learned counsel appearing on behalf of the revenue has produced the relevant files from the office of the A.O. On perusal of the files, noting and the relevant documents, .....

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n on the part of the A.O. that the income has escaped the assessment. Thus the impugned reopening proceedings cannot sustain and the same deserves to be quashed and set aside on the aforesaid ground alone. - Decided in favour of assessee - SPECIAL CIVIL APPLICATION NO. 15834 of 2016 - Dated:- 29-11-2016 - MR. M.R. SHAH AND MR. B.N. KARIA, JJ. FOR THE PETITONER : MR MANISH J SHAH, ADVOCATE FOR THE RESPONDENT : MR KM PARIKH, ADVOCATE ORAL JUDGMENT (PER : HONOURABLE MR.JUSTICE M.R. SHAH) 1.00. RULE .....

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sued under section 148 of the Income Tax Act, by which the assessment for the A.Y. 2011-12 is sought to be reopened in exercise of the powers under section 147 of the Income Tax Act. 3.00. At the request made by the assessee, A.O. has furnished reasons recorded for reopening the assessment for A.Y. 2011-12. The reasons recorded read as under :- Reasons for re-opening the case u/s. 147 of the Income Tax Act, 1961 :- 1. Assessee claimed credit of TDS, deducted by Pvr Limited and Saumya Constructio .....

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2,49,950/- (Rs.2,47,12,566 - ₹ 2,12,82,314 - ₹ 11,80,302). This involves under assessment of income of ₹ 15,74,965/- (Rs.22,49,950 - 30% of ₹ 22,49,550). 2. In view of the above facts, I have reasons to believe that in this case income chargeable to tax has escaped assessment for the A.Y. 2011-12. 4.01. On receipt of the reasons recorded for reopening of the assessment under section 147 of the Income Tax Act for the A.Y. 2011-12, the petitioner assessee raised objections. .....

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nder Article By way of this petition under Article 226 of the Constitution of India. 5.00. It is mainly contended on behalf of the assessee that the assessment is sought to be reopened on the audit objections only and there is no independent opinion formed by the A.O. and therefore, the reopening is not permissible. 5.01. The learned counsel appearing on behalf of the assessee has heavily relied upon the decision of the Division Bench of this court in the case of Commissioner of Income Tax, Ahme .....

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