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2016 Supreme(Guj) 127

AKIL ABDUL HAMID KURESHI, MOHINDER PAL
Mastek Limited – Appellant
Versus
Assistant Commissioner of Income Tax, Circle 2(1) – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff:B.S. Soparkar, Advocate
For Respondents/Defendant:Mauna M. Bhatt, Advocate

ORDER

Akil Abdul Hamid Kureshi, J.

1. Petitioner has challenged the notice dated 18.11.2014 as at Annexure-A to the petition issued by the respondent-Assessing Officer seeking to reopen the assessment of the petitioner for the Assessment Year 2008-09. Brief facts are as under:

2. The petitioner is a Company registered under the Companies Act. The petitioner filed its return of income for the Assessment Year 2008-09 on 30.09.2008 declaring total income of Rs. 1.76 crore (rounded off). The assessment was taken in scrutiny. Assessment was framed under section 143(3) of the Income-tax Act, 1961 ("the Act" for short) on 02.02.2012. It is this assessment which the Assessing Officer seeks to reopen for which the impugned notice dated 18.11.2014 came to be issued. The petitioner was supplied with the reasons recorded by the Assessing Officer for issuing such notice, relevant portion of which reads as under:

"In this case, the return of income for the A.Y. 2008-09 declaring income of Rs. 1,76,295/- was filed on 30.09.2008. Assessment u/s. 143(3) of the Act was finalized determining the total income at Rs. 26,28,28,351/-.

In the assessment order, the assessee was allowed exemption u/s. 10A of the
















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