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2018 (3) TMI 803

er the application of Section 79 - Held that:- The Petitioner had by letter dated 22.11.2012 given details as called for in the format specified along with annual return filed with the Registrar of Companies. Thus, the change in the shareholding pattern in two Assessment Years in the required format was forwarded to the AO. Prima facie there was complete disclosure of all facts by the Petitioner in respect of the change in shareholding pattern during the assessment proceedings. - The grievance of the Revenue that the Petitioner failed to bring to the notice of the AO the application of Section 79 is a question of application of law and has nothing to do with the obligation as the Assessee makes full and true disclosure of all facts dur .....

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ating to the payments made to foreign players who performed in South Africa. Thus, on this ground also, the impugned notice is not prima facie sustainable. - Thus the impugned notice is without jurisdiction. Accordingly, there shall be interim stay in terms of prayer clause (c) - Writ Petition No. 3065 of 2017 - Dated:- 8-3-2018 - M.S. SANKLECHA & SANDEEP K. SHINDE JJ. Mr. Jehangir Mistri, Senior Advocate with Mr. Nishant Thakkar with Ms. Jasmin Amalsadvala i/by PDS Legal, Advocates for the Petitioner. Mr. N.C. Mohanty, Advocate for the Respondents. P.C: Heard. 2. Rule. 3. This Petition under Article 226 of the Constitution of India challenges the notice dated 31.3.2017 issued by the Assessing Officer under Section 148 of the Income .....

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mpanies. In fact, it called the Petitioner to give details of the shareholders in format which would indicate shareholders for the relevant previous year to the Assessment Year 2009-2010 and that in the relevant previous year to the subject Assessment Year 2010-2011. The Petitioner had by letter dated 22.11.2012 given details as called for in the format specified along with annual return filed with the Registrar of Companies. Thus, the change in the shareholding pattern in two Assessment Years in the required format was forwarded to the Assessing Officer. Thus, prima facie there was complete disclosure of all facts by the Petitioner in respect of the change in shareholding pattern during the assessment proceedings. The grievance of the Reve .....

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legal inferences have ultimately to be drawn. It is not for somebody else far less the assessee to tell the assessing authority what inferences, whether of facts or law, should be drawn. Indeed, when it is remembered that people often differ as regards what inferences should be drawn from given facts, it will be meaningless to demand that the assessee must disclose what inferences whether of facts or law he would draw from the primary facts. 5. Thus, prima facie, the first ground is not sustainable. 6. So far as the second ground is concerned, we note that it proceeds on the fundamental erroneous basis that the relevant previous year subject to the Assessment Year 2010-2011, Indian Premier League was performed in India when in fact, it has .....

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