9911796707
TMI Blog2016 (12) TMI 1004X X X X Extracts X X X X X X X X Extracts X X X X ..... Justice M. R. Shah ) 1. By way of this petition under Article 226 of the Constitution of India the petitioner has prayed for an appropriate writ, order or direction to quash and set aside the impugned notice dated 10/03/2016 by which the assessment for the Assessment Year 2010-11 is sought to be reopened in exercise of powers under Section 147 of the Income Tax Act. 2. Heard the learned advocate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tax has escaped assessment for such assessment year by reason of the failure on the part of the assessee to......disclose fully and truly all material facts necessary for his assessment, for that assessment year. 3. It is not in dispute and cannot be disputed that unless and until the condition precedent to reopen the assessment beyond four years as provided under Section 147 of the Income Tax A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the original assessment order, the AO had disallowed an amount of Rs. 1,22,079/- being 20% of expenses on telephone & car (travelling expenses, repairing and maintenance) treating the same as personal element involved. However, the depreciation on car was not considered for disallowance though the depreciation is allowed for use of car. The assessee was allowed depreciation of Rs. 33,55,430/- on c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Kanak Fabrics Vs. Income Tax Officer reported in 2013 359 ITR 447 (Guj) and it is held that if the condition precedent to reopen the assessment beyond four years are not satisfied i.e. in the reason recorded there is no whisper to the effect that the income had escaped assessment on account of failure on the part of the assessee to disclose fully and truly all material facts necessary for its ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g Officer ought to have disallowed 20% of the depreciation, which he failed to do so, is nothing but change of opinion. Under the circumstances also, the impugned notice to reopen to assessment for the Assessment Year 2010-11 cannot be sustained. 6. In view of the above and for the reasons stated hereinabove, the present petition succeeds. The impugned notice to reopen the assessment for the Asse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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