Gujarat High Court
Amar Jewellers Limited vs Deputy Commissioner Of Income Tax on 30 August, 2017
Author: Akil Kureshi
Bench: Akil Kureshi, Biren Vaishnav
C/SCA/15925/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 15925 of 2017
==========================================================
AMAR JEWELLERS LIMITED,....Petitioner(s)
Versus
DEPUTY COMMISSIONER OF INCOME TAX,....Respondent(s)
==========================================================
Appearance:
MR B S SOPARKAR, ADVOCATE for the Petitioner(s) No. 1
==========================================================
CORAM: HONOURABLE MR.JUSTICE AKIL KURESHI
and
HONOURABLE MR.JUSTICE BIREN VAISHNAV
Date : 30/08/2017
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE AKIL KURESHI)
1. Petitioner has challenged a notice issued by the respondentAssessing Officer to reopen the assessment for the assessment year 201011. Such notice has been issued beyond a period of four years from the end of the relevant assessment year. The reasons recorded by the Assessing Officer referred to the statements of one Anil Kumar Jain and Pravin Kumar Jain recorded by the investigation wing of Mumbai during which they have admitted to have carried out the business of accommodation entries in the name of various entities. One of them is Shreeji Trading Company. Reasons Page 1 of 2 HC-NIC Page 1 of 2 Created On Sat Sep 09 08:56:08 IST 2017 C/SCA/15925/2017 ORDER further records that from the Axis bank account of Shreeji Trading Company, the assessee had received a sum of Rs.7,09,00,000/ on 16.04.2009. On the same date, the assessee had debited such sum to Zaveri and Company. According to the Assessing Officer, since Shreeji Trading Company is operated by the persons who have admitted to carry out accommodation entries, the transaction between the assessee and the Shreeji Trading Company was also bogus.
2. NOTICE, returnable on 20.09.2017. Direct service is permitted.
(AKIL KURESHI, J.) (BIREN VAISHNAV, J.) ANKIT Page 2 of 2 HC-NIC Page 2 of 2 Created On Sat Sep 09 08:56:08 IST 2017