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2016 Supreme(Guj) 2230

AKIL KURESHI, A.J.SHASTRI
Jivraj Tea Limited – Appellant
Versus
Assistant Commissioner of Income Tax - Circle - I (1) (2) – Respondent


Advocates Appeared:
For the Petitioner:Mr. B.S. Soparkar, Advocate
For the Respondent:Mr. Sudhir M. Mehta, Advocate

ORDER :

Akil Kureshi, J.

The petitioner has challenged a notice dated 30.03.2015 issued by the respondent Assessing Officer for reopening the assessment of the petitioner for the assessment year 2008-09.

2. Brief facts are as under.

3. The petitioner is a company registered under the Companies Act. For the assessment year 2008-09, the petitioner filed return of income declaring total income of Rs. 3.75 crores (rounded off). The return was taken in scrutiny. The Assessing Officer passed order under section 143(3) of the Act on 22.12.2012 assessing assessee's total income at Rs. 13.16 crores. To reopen such assessment, impugned notice came to be issued. The Assessing Officer had recorded following reasons for issuing the notice.

    “In the present case, assessment under section 143(3) of the Act was completed on 22.12.2010 by making following additions/disallowances:

    (i) Disallowance under section 40A(2)(b) of the Act.

    (ii) Disallowance of deduction claimed under section 80-IA(4) of the Act.

    (iii) Disallowance under section 14A of the Act.

    During the year under consideration, the assessee


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