SANDESH PROCON LLP vs ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 3(3), AHMEDABAD

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Guj) 166

J.B.PARDIWALA, ILESH J.VORA
SANDESH PROCON LLP – Appellant
Versus
ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 3(3), AHMEDABAD – Respondent

Advocates Appeared:
For the Petitioner: MR B S SOPARKAR
For the Respondent: MRS MAUNA M BHATT

JUDGMENT :

ILESH J. VORA, J.

1. By filing this writ application under Article 226 of the Constitution of India, the writ applicant has assailed the legality and validity of the impugned notice dated 26.07.2018 issued under Section 148 of the Income Tax Act, 1961 (hereinafter referred to as “the Act” for short) proposing to reassess the income of the writ applicant for the A.Y. 201213 on the ground that the income chargeable to tax for the said year had escaped assessment within the meaning of Section 147 of the Act.

2. The brief facts leading to filing of the present writ application are as under:

1. The writ applicant is a Limited Liability Partnership (LLP) Firm carrying the business of real estate development.

2. The writ applicant filed its return of income for the A.Y. 201213 on 30.09.2012 declaring total income NIL and claimed loss of Rs.3,66,93,809/. The case was selected for scrutiny and the same was finalized under Section 143 of the Act on 05.03.2015 determining the total loss at Rs.3,32,86,950/and subsequently, notice under Section 148 of the Act dated 26.07.2018 was issued and

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2021 Supreme(Guj) 166

J.B.PARDIWALA, ILESH J.VORASANDESH PROCON LLP – AppellantVersusASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 3(3), AHMEDABAD – Respondent

Cases Referred (1)

J.B.PARDIWALA, ILESH J.VORA
SANDESH PROCON LLP – Appellant
Versus
ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 3(3), AHMEDABAD – Respondent