Keenara Industries Private Limited vs Income Tax Officer, Ward 1(1)(3), Surat

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Guj) 375

SONIA GOKANI, MAUNA M. BHATT
Keenara Industries Private Limited – Appellant
Versus
Income Tax Officer, Ward 1(1)(3), Surat – Respondent

Advocates:
Advocate Appeared:
For the Appellant :LD.SENIOR ADVOCATE MR TUSHAR HEMANI, WITH MS VAIBHAVI K PARIKH, LD.SR.ADV.MR SOPARKAR ASSISTED BY LD.ADV.MR.B.S.SOPARKAR, LD.SR.ADV.MR.R.K.PATEL ASSISTED BY LD.ADV.D.R.PATEL LD.ADV.MR.DHARAN GANDHI, LD.ADV.NISHIT GANDHI ASSISTED BY LD.ADV.MS.NIDHI VYAS, LD.ADV.MR.MANISH J SHAH, LD.ADV.MR.SUDHIR MEHTA, LD.ADV. MR.DHINAL SHAH, LD.ADV.MR.JIMI S PATEL, LD.ADV.MR.S.N.DIVATIA
For the Respondent: LD.SR.STANDING COUNSEL, MR NIKUNT RAVAL FOR MRS KALPANAK RAVAL, LD.SR. STANDING COUNSEL, MR.VARUN PATEL

JUDGMENT :

SONIA GOKANI, J.

1. Group of petitions since involve identical questions of facts and law, they are being decided by this common judgment. The facts are drawn for the purpose of adjudication from Special Civil Application No.17321 of 2022.

2. The petitioner by way of the present petition under Article 226 of the Constitution of India challenges notice dated 26.07.2022 issued under Section 148 of the Income Tax Act, 1961 (referred to as ‘the Act’) as well as the order dated 26.07.2022 passed under Section 148A(d) of the Act seeking to reopen the income tax assessment of the petitioner for assessment year 2014-15 terming the said notice and order as bad, illegal and contrary to law and without jurisdiction.

2.1 The petitioner is a company incorporated under the Companies Act, 1956 of which majority shareholders are citizens of India. The department had issued the notice of reopening under Section 148 of the Act for the year under consideration during the period between 01.04.2021 to 30.06.2021 after following the erstwhile procedure prescribed for reopening (the law applic

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2023 Supreme(Guj) 375

SONIA GOKANI, MAUNA M. BHATTKeenara Industries Private Limited – AppellantVersusIncome Tax Officer, Ward 1(1)(3), Surat – Respondent

Cases Referred (14)

SONIA GOKANI, MAUNA M. BHATT
Keenara Industries Private Limited – Appellant
Versus
Income Tax Officer, Ward 1(1)(3), Surat – Respondent