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Gujarat High Court

Darshan Buildcon vs Income Tax Officer Ward 3(3)(6) on 23 October, 2018

Author: Akil Kureshi

Bench: Akil Kureshi, Umesh Trivedi

        C/SCA/16246/2018                               ORDER




       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

       R/SPECIAL CIVIL APPLICATION NO. 16246 of 2018
=========================================
                      DARSHAN BUILDCON
                             Versus
                INCOME TAX OFFICER WARD 3(3)(6)
=========================================
Appearance:
MR SN DIVATIA(1378) for the PETITIONER(s) No. 1
for the RESPONDENT(s) No. 1
=========================================
 CORAM: HONOURABLE MR.JUSTICE AKIL KURESHI
           and
           HONOURABLE MR.JUSTICE UMESH TRIVEDI
                       Date : 23/10/2018
                          ORAL ORDER

(PER : HONOURABLE MR.JUSTICE AKIL KURESHI) Petitioner has challenged a notice of reopening of assessment issued by the respondent - Assessing Officer. Such notice is issued beyond a period of four years from the end of relevant Assessment Year. Counsel for the petitioner would point out that during the course of original scrutiny assessment the valuation of the construction came up for consideration disputing the valuation presented by the assessee. The Assessing Officer had made a reference to the DVO. The DVO's report was available later on by which time assessment was completed. Now on the basis of the report of the DVO, the Assessing Officer wishes to contend that the valuation of the construction declared by the petitioner is not correct and that for the difference amount the petitioner had made investment from undisclosed source.

Notice returnable on 04.12.2018.

Direct service is permitted.

(AKIL KURESHI, J.) (UMESH TRIVEDI, J.) siji Page 1 of 1