Gujarat High Court
Manishkumar Tulsidas Kaneriya vs Deputy Commissioner Of Income Tax - ... on 8 March, 2016
Author: Harsha Devani
Bench: Harsha Devani, G.R.Udhwani
C/SCA/3696/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 3696 of 2016
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MANISHKUMAR TULSIDAS KANERIYA....Petitioner(s)
Versus
DEPUTY COMMISSIONER OF INCOME TAX - RANGE - 3
(1)....Respondent(s)
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Appearance:
MR RK PATEL, ADVOCATE for the Petitioner(s) No. 1
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CORAM: HONOURABLE MS.JUSTICE HARSHA DEVANI
and
HONOURABLE MR.JUSTICE G.R.UDHWANI
Date : 08/03/2016
ORAL ORDER
(PER : HONOURABLE MS.JUSTICE HARSHA DEVANI)
1. Mr. R. K. Patel, learned advocate for the petitioner has invited the attention of the court to the assessment framed under section 143(3) of the Income Tax Act, 1961 to point out that while framing assessment, this very issue has been gone into by the Assessing Officer and has been discussed in the said order. It was submitted that now the Assessing Officer seeks to reopen the assessment on the ground that the long term capital gain and deduction under section 54EC had wrongly been granted. It was submitted that, therefore, the Assessing Officer seeks to reopen the assessment on a mere change of opinion and as such, exercise of powers under section 147 of the Act is without authority of law.
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2. Having regard to the submissions advanced by the learned advocate for the petitioner, Issue Notice returnable on 11th April, 2016. By way of ad-interim relief, further proceedings pursuant to the impugned notice dated 25.3.2015 issued under section 148 of the Income Tax Act, 1961 are hereby stayed.
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