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Bombay High Court

Essel Corporate Resources Private ... vs Asst. Commissioner Of Income Tax Circle ... on 24 November, 2018

Author: M.S.Sanklecha

Bench: Akil Kureshi, M.S.Sanklecha

                                                                          wp-3341-2018


              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  ORDINARY ORIGINAL CIVIL JURISDICTION


                          WRIT PETITION NO. 3341 OF 2018


Essel Corporate Resources Pvt. Ltd.,                           ..      Petitioner.
       v/s.
Asst. Commissioner of Income Tax
Circle 6 (2)(2) & Others                                       ..      Respondents.



Mr. Percy Pardiwalla, Sr. Advocate with Mr. Jay and Mr. Sameer Dalal, for
the Petitioner.
Mr. N. C. Mohanty, for the Respondents.


                                               CORAM:  AKIL KURESHI & 
                                                          M.S.SANKLECHA, JJ.
                                               DATE    : 24th NOVEMBER, 2018.

P.C:-

Petitioner has challenged the notice of re-opening of the assessment, which has been issued beyond a period of four years from the end of the relevant Assessment Year. Our attention was invited to the reasons recorded by the Assessing Officer in order to issue the notice. Counsel for the Petitioner submitted that there was no failure on the part of the assessee to disclose fully and truly all necessary facts. Learned Counsel for the Petitioner further submitted that the reasons lack validity. The ground on which the re-opening is sought to be resorted to, was examined by the Assessing Officer in the original scrutiny Assessment.

2 Counsel for the Revenue sought time to file reply.

S.R.JOSHI                                                                                 1 of 2




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                                                                   wp-3341-2018


3               Stand over to 20th December, 2018.

4               By way of an ad-interim relief, notice of re-opening is stayed.




(M.S.SANKLECHA,J.)                                    (AKIL KURESHI,J.)




S.R.JOSHI                                                                         2 of 2




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