Bombay High Court
Lsg Sky Chefs (India) Pvt.Ltd vs Asst. Commissioner Of Income-Tax, ... on 29 November, 2018
Author: M.S. Sanklecha
Bench: Akil Kureshi, M.S. Sanklecha
Uday S. Jagtap 3361-18-WP-8=.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 3361 OF 2018
LSG Sky Chefs (India) Pvt. Ltd. .. Petitioner
v/s.
Asstt. Commissioner of Income Tax,
Central Circle-2(2), Mumbai & Ors. .. Respondents
Mr. Jitendra Jain a/w Mr. Sameer Dalal for the petitioner Mr. Suresh Kumar for the respondents CORAM : AKIL KURESHI & M.S. SANKLECHA, J.J. DATED : 29 th NOVEMBER, 2018.
P.C.
1. The petitioner has challenged a notice of reopening of assessment which has been issued beyond the period of four years from the end of the relevant assessment year. Drawing our attention to the reasons recorded by the Assessing Officer in order to issue the notice, learned Counsel for the petitioner submitted that there was no failure on the part of the assessee to disclose truly and fully all material facts. Learned Counsel for the petitioner submitted that the sole issue on which the notice has been issused was examined by the Assessing Officer during the scrutiny assessment and in fact, the expenditure claimed by the assessee as a revenue expenditure was not allowed. The Assessing 1 of 2 ::: Uploaded on - 30/11/2018 ::: Downloaded on - 30/12/2018 10:56:49 ::: Uday S. Jagtap 3361-18-WP-8=.doc Officer treated the expenditure as capital expenditure.
2. Learned Counsel for the Revenue prayed for time to file reply.
3. Stand over to 20th December, 2018.
4. By way of ad-interim relief, the impugned notice of re-assessment is stayed.
(M.S. SANKLECHA, J.) (AKIL KURESHI, J.) 2 of 2 ::: Uploaded on - 30/11/2018 ::: Downloaded on - 30/12/2018 10:56:49 :::