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[Cites 2, Cited by 4]

Gujarat High Court

Shree Kamrej Vibhag Sahkari Khand ... vs Income Tax Officer on 16 December, 2015

Author: Harsha Devani

Bench: Harsha Devani, G.B.Shah

                 C/SCA/20440/2015                                              ORDER




                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 SPECIAL CIVIL APPLICATION NO.20440 of 2015

         =============================================
              SHREE KAMREJ VIBHAG SAHKARI KHAND UDHYOG MANDALI
                              LIMITED....Petitioner(s)
                                     Versus
                      INCOME TAX OFFICER....Respondent(s)
         =============================================
         Appearance:
         MR MANISH J SHAH, ADVOCATE for the Petitioner(s) No.1
         =============================================

                 CORAM: HONOURABLE MS. JUSTICE HARSHA DEVANI
                                       and
                        HONOURABLE MR. JUSTICE G.B.SHAH


                                    Date : 16/12/2015


                               ORAL ORDER

(PER : HONOURABLE MS. JUSTICE HARSHA DEVANI)

1. Mr. Manish Shah, learned advocate for the petitioner has invited the attention of the court to the decision of this court in the case of Shree Chalthan Vibhag Khand v. Deputy Commissioner of Income-Tax, (2015) 376 ITR 419 (Guj.) to submit that the controversy raised by the Assessing Officer for the purpose of reopening the assessment stands concluded in favour of the assessee by the said decision.

2. In the aforesaid premises, issue notice returnable on 19th January, 2016. By way of ad-interim relief, the respondent is permitted to proceed further pursuant to the impugned notice under section 148 of the Income Tax Act, 1961. He, however, shall not frame the final assessment without the prior permission of this court.

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HC-NIC Page 1 of 2 Created On Thu Dec 17 02:42:06 IST 2015 C/SCA/20440/2015 ORDER Direct Service is permitted.

( Harsha Devani, J. ) ( G.B. Shah, J. ) hki Page 2 of 2 HC-NIC Page 2 of 2 Created On Thu Dec 17 02:42:06 IST 2015