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2019 (6) TMI 615

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..... ration [ 2012 (9) TMI 69 - GUJARAT HIGH COURT] . - appeal of revenue is dismissed - R/TAX APPEAL NO. 7 of 2019 - - - Dated:- 10-6-2019 - MR J. B. PARDIWALA, J. For The Appellant (s) : MRS MAUNA M BHATT (174) ORAL ORDER ( PER : HONOURABLE MR.JUSTICE J.B.PARDIWALA) 1. This is an appeal at the instance of the Income Tax Department under Section 260-A of the Income Tax Act, 1961 questioning the legality and validity of the order dated 11.07.2018 passed by the Income Tax Appellate Tribunal, Ahmedabad Bench, Ahmedabad in ITA No. 1766/Ahd/2014 for the Assessment Year 2007-08. 2. It appears from the materials on record that the respond .....

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..... . The appellant has proposed the following substantial questions of law in its memorandum of the appeal. [ A] Whether the Appellate Tribunal has erred in law and on facts in dismissing the reassessment order passed by Assessing Officer stating that it is merely on change of opinion subsequent to original assessment framed u/s 143(3) of the Act ? [ B] Whether the Appellate Tribunal has erred in ignoring the findings of CIT(A) in his order which show that the assessee had merely furnished a very cryptic reply and that the question of forming opinion by the Assessing Officer did not arise ? [ C] Whether the Appellate Tribunal has erred in law and on facts .....

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..... e prima facie doubt raises queries, asking the assessee to satisfy him with respect to such a claim and thereafter, does not make any addition in the final order of assessment, he can be stated to have formed an opinion whether or not in the final order he gives his reasons for not making the addition. 6. Having noticed the fact that the Assessing Officer had raised specific questions vide requisite notice dated 15.10.2010 with respect to allowability on loss on sale of stores and that the assesses had explained the same without any follow-up question by the Assessing Officer in this regard, in our considered view, the Assessing Officer had indeed formed an opinion about the deductability of loss on sale of stores. .....

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