Back
HIGH COURT OF GUJARAT
Bhargav D. Karia, D.N.Ray
Ammann India Private Limited – Appellant
Versus
Assistant Commissioner of Income Tax – Respondent
ORDER
Bhargav D. Karia, J.
1. Heard learned advocate Mr.Shreyansh Ranka appearing for learned advocate Mr.Dhinal Shah for the petitioner and learned Senior Standing Counsel Ms.Maithili Mehta for the respondent .
2. By this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following main reliefs :-
“(b) Pass appropriate order issuing writ of certiorari and/or any other appropriate writ and/or pass appropriate order quashing and setting aside the Notice under Section 148 and Order under Section 148A(d) of the Income Tax Act dated 26.03.2024 passed by the Respondent -Authority.”
3. The brief facts of the case are that the petitioner received a notice under Section 148A(b) of the Income Tax Act, 1961 (for short "the Act”) dated 06.03.2024 calling upon the petitioner to show cause as to why the notice under Section 148 of the Act should not be issued for the Assessment Year 2018-19 along with the reasons for issuing the notice.
4. The reasons recorded in the notice under Section 148A(b) of the Act reads as under:-
“In this case, the assessee company had filed its Return of Income for A.Y.2018-19 on 30.11.2018 declaring total Income of Rs.55,65,96,580/-.
The court ruled that the Assessing Officer's notice under Section 148 was invalid as it ignored prior ITAT rulings, establishing no escapement of income for the assessment year in question.
The court ruled that the Assessing Officer's reliance on audit objections without considering prior accepted claims of depreciation constituted non-application of mind, rendering the reassessment not....
The court emphasized the necessity for the Assessing Officer to apply due diligence and consider all evidence before concluding that income has escaped assessment.
Goodwill from amalgamation (excess purchase consideration over net assets) is depreciable intangible asset u/s 32; reassessment u/s 148 beyond surviving TOLA time-limit post-Ashish Agarwal quashed; R....
Reassessment notice u/s.148 for A.Y.2015-16 beyond 3 years invalid if escapement
Reopening of assessments under section 148 requires fresh tangible material; reliance on prior records or audit objections alone is insufficient.
Reopening of income tax assessments requires new information, not merely a change of opinion, to avoid arbitrary exercise of power.
The court ruled that re-assessment under the Income Tax Act was invalid as the appellant could not demonstrate undisclosed material facts, thus upholding statutory protections provided to the taxpaye....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
