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2019 Supreme(Bom) 2366

AKIL KURESHI, M.S.SANKLECHA
Hamilton Housewares Pvt. Ltd. – Appellant
Versus
Deputy Commissioner Of Income-tax – Respondent


Advocates Appeared:
Mr. S. Sriram with Mr. B.V. Jhaveri with Mr. Mayank Thosar, Advocates, for the Appellant; Mr. Sham Walve, Advocate, for the Respondent

JUDGMENT

Akil Kureshi, J. - Petitioner has challenged a notice of reopening of assessment dated 28th March, 2018 issued by the respondent No.1 Assessing Officer to reopen the petitioner''s assessment for the assessment year 201314.

2. Brief facts are as under:

    Petitioner is a private limited company. For the assessment year 201314, the petitioner had filed return of income on 26th September, 2013 declaring total income of Rs. 12.88 crores (rounded off). Such return was taken in scrutiny by the Assessing Officer. He passed order under section 143(3) of the Income Tax Act, 1961 ("the Act" for short) on 30th March, 2016. To reopen such assessment, the Assessing Officer issued the impugned notice. In order to do so, he had recorded reasons, relevant portion of which reads as under :

    "1. Brief Details of the assessee:

    The assessee Company i.e. M/s Hamilton House-ware Pvt. Ltd. is engaged in the business of manufacturing & trading of steel/plastic household goods and glassware/opal ware goods. The return of income, for the A.Y. 201314, was filed on 30/11/2013, declaring a total income of Rs. 12,88,15,390/-. The said return of income was processed under Section 143(1) of the Act. The case

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