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2019 (8) TMI 738

..... n and there was no failure on the part of the assessee in disclosing all the necessary information for the purpose of making assessment. We take notice of the fact that the Tribunal has relied upon a decision of this Court in the case of Sadbhav Engineering Ltd vs. DCIT [2010 (7) TMI 521 - GUJARAT HIGH COURT] We are convinced that no error, not to speak of any error of law could be said to have be .....

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..... is right in quashing the proceedings u/s. 148 of the I.T. Act? 3 The Appellate Tribunal, in paras 6, 7, and 8 of its impugned order, has observed as under: 6 We have heard the rival submissions and perused the material on record; we find that it is not in dispute that the assessment has been reopened after expiry of four years from the end of relevant assessment year. It is seen that the assessmen .....

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..... d down by Hon ble Supreme Court in the case of G. K. N. Drive Shafts Ltd. and Gujarat High Court in case of 259 ITR 19 and Hon ble Gujarat High court in the case of Garden Finance Ltd. 268 ITR 48 (SC). The AO is bound to dispose off objection filed by the assessee. We further flnd that the AO has not alleged that there was a failure on the part of assessee when the information was already availabl .....

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..... ame is bad in law, and therefore quashed. Accordingly, this legal ground of the assessee is allowed. 8 Since we have quashed the reassessment proceedings on the legal ground in the earlier part of this order, therefore, the other grounds relating to disallowance of partners remuneration of ₹ 6,63,371/is not being adjudicated as same have become infructuous. 4 The Appellate Tribunal, as a las .....

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