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2016 Supreme(Guj) 995

HARSHA DEVANI, G.R.UDHWANI
Motto Tiles Pvt. Ltd. – Appellant
Versus
Assistant Commissioner of Income Tax – Respondent


Advocates Appeared:
For the Appellant :Manish J. Shah, Advocate
For the Respondents:Pranav G. Desai, Advocate

JUDGMENT :

Harsha Devani, J.

1. Rule. Mr. Pranav Desai, learned Senior Standing Counsel waives service of notice of rule on behalf of the respondent.

2. Having regard to the nature of the controversy involved in the present case and with the consent of the learned counsel for the respective parties, the matter was taken up for final hearing today.

3. By this petition under Article 226 of the Constitution of India, the petitioner has challenged the notice dated 02.03.2015 issued by the respondent under section 148 of the Income Tax Act, 1961 (hereinafter referred to as "the Act"), seeking to reopen the assessment of the petitioner for assessment year 2011-12.

4. The petitioner, a Private Limited Company, was incorporated on 15.01.2010. For assessment year 2011-12, the petitioner submitted its return of income on 19.09.2011 showing total loss of Rs. 77,51,810/- and a book profit of Rs. 35,96,518/-. The case was processed under section 143(1) of the Act. Thereafter, the petitioner received a notice dated 02.03.2015 issued under section 148 of the Act from the respondent. In response to the same, the petitioner requested for a copy of the reasons recorded for issuing the notice under sectio























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