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India Gelatine And Chemicals Ltd vs Asstt. Commissioner Of Income Tax on 23 April, 2014

In the light of the decision of this court in the case of India Gelatine and Chemicals Ltd. v. Assistant Commissioner of Income Tax (No.1) (supra), having regard to the fact that even if the entire amount which is proposed to be added by the Assessing Officer is sustained, there would be no addition to the tax liability of the petitioner and the petitioner would still be governed by the provisions of section 115JB of the Act and assessed on the same book profit, it cannot be said that there was sufficient material before the Assessing Officer to form the belief that income chargeable to tax has escaped assessment. The impugned notice issued under section 148 of the Act, therefore, cannot be sustained.
Gujarat High Court Cites 10 - Cited by 4 - A Kureshi - Full Document

Olwin Tiles (India) Pvt Ltd vs Deputy Commissioner Of Income Tax - ... on 5 January, 2016

Insofar as the basis for reopening the assessment is concerned, on similar grounds, the concerned Assessing Officer had sought to reopen the assessment in the case of Olwin Tiles (India) Pvt. Ltd. v. Deputy Commissioner of Income Tax - Morbi Circle (supra). In the said case, the court, for the detailed reasons recorded in the judgement and order dated 05.01.2016, had upheld the reopening and had dismissed the petitions. The court did not find the reasons to be perverse or so untenable as to terminate the assessment on the ground that the Assessing Officer could not be stated to have any reason to believe or tangible material to form such an opinion that income chargeable to tax had escaped assessment. Therefore, on the merits of the reopening, the present case is squarely covered by the above decision against the petitioner.
Gujarat High Court Cites 24 - Cited by 9 - A Kureshi - Full Document
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