Gujarat High Court
Kutch Textiles Pvt Ltd vs Income-Tax Officer on 17 October, 2016
Author: Akil Kureshi
Bench: Akil Kureshi, A.J. Shastri
C/SCA/17217/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 17217 of 2016
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KUTCH TEXTILES PVT LTD....Petitioner(s)
Versus
INCOME-TAX OFFICER....Respondent(s)
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Appearance:
MR TUSHAR P HEMANI, ADVOCATE for the Petitioner(s) No. 1
MS VAIBHAVI K PARIKH, ADVOCATE for the Petitioner(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE AKIL KURESHI
and
HONOURABLE MR.JUSTICE A.J. SHASTRI
Date : 17/10/2016
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE AKIL KURESHI)
1. The petitioner has challenged a notice for reopening of assessment which was originally framed after scrutiny. The notice has been issued beyond a period of four years from the end of relevant assessment year. Inviting our attention to the reasons recorded by the Assessing Officer for issuing such notice, counsel for the petitioner submitted that there was no failure on the part of the assessee to disclose truly and fully all material facts. The reasons are based on materials on record and Page 1 of 2 HC-NIC Page 1 of 2 Created On Tue Oct 18 00:14:26 IST 2016 C/SCA/17217/2016 ORDER submissions made by the assessee during the assessment. The very issue of investment in shares of the petitioner company by several individuals and genuineness thereof, which is the foundation for issuing the impugned notice, was scrutinized during the original assessment.
2. NOTICE, returnable on 21.11.2016. The respondent Assessing Officer may continue with the assessment in connection with the impugned notice, final order thereon shall not be passed without the leave of the Court.
(AKIL KURESHI, J.) (A.J. SHASTRI, J.) ANKIT Page 2 of 2 HC-NIC Page 2 of 2 Created On Tue Oct 18 00:14:26 IST 2016