Gujarat High Court
Zaveri And Company Private Limited vs Deputy Commissioner Of Income Tax - ... on 15 September, 2015
Author: Harsha Devani
Bench: Harsha Devani, A.G.Uraizee
C/SCA/14902/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 14902 of 2015
=========================================
ZAVERI AND COMPANY PRIVATE LIMITED
Versus
DEPUTY COMMISSIONER OF INCOME TAX - CIRCLE 4 (1) (2)
AHMEDABAD & ANOTHER
=========================================
Appearance:
MR RK PATEL with MR DARSHAN R PATEL for the Petitioner
=========================================
CORAM: HONOURABLE MS.JUSTICE HARSHA
DEVANI
and
HONOURABLE MR.JUSTICE A.G.URAIZEE
Date : 15/09/2015
ORAL ORDER
(PER : HONOURABLE MS.JUSTICE HARSHA DEVANI) Mr R.K. Patel, learned advocate for the petitioner has drawn the attention of the Court to the reasons recorded by the Assessing Officer for reopening the assessment for the year under consideration to submit that the Assessing Officer has placed reliance upon order dated 3rd September, 2013 passed under section 143(3) read with section 263 of the Income Tax Act, 1961 for assessment year 2010-11 for the purpose of issuing notice in assessment proceedings. It was submitted that the said order has been held to be invalid by the Income Tax Appellate Tribunal by an order dated 7th May, 2014, which fact is already on record. Therefore, at the time when the notice under section 148 of the Act was prepared on 20th March, 2015 and issued to the assessee on the same day, the order under section 263 stood quashed by the Tribunal way back on 7th May, 2014. It was further pointed out that Page 1 of 2 HC-NIC Page 1 of 2 Created On Thu Sep 17 01:42:54 IST 2015 C/SCA/14902/2015 ORDER the impugned notice under section 148 of the Act is dated 20 th March, 2015 in relation to Assessment Year 2008-09 and, therefore, is clearly beyond period of four years from the end of relevant assessment year, however, in the entire reasons recorded there is no averment to the effect that there is any failure on the part of the petitioner to disclose fully and truly all material facts.
Having regard to the submissions advanced by the learned advocate for the petitioner, issue notice returnable on 13th October, 2015. By way of ad-interim relief, further proceedings pursuant to the impugned notice dated 30th March, 2015 (Annexure-M to the petition) are hereby stayed.
Direct Service is permitted.
(HARSHA DEVANI, J.) (A.G.URAIZEE, J.) mohd Page 2 of 2 HC-NIC Page 2 of 2 Created On Thu Sep 17 01:42:54 IST 2015