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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
BHARGAV D.KARIA, PRANAV TRIVEDI
Weatherford Drilling And Production Services (India) Private Limited – Appellant
Versus
Deputy Commissioner Of Income Tax, Circle 2(1)(1), Vadodara – Respondent
JUDGMENT :
BHARGAV D. KARIA, J.
1. Heard learned advocate Mr. B.S. Soparkar for the petitioner and learned Senior Standing Counsel Mr. Karan Sanghani for the respondents.
2. Having regard to the controversy arising in this petition in narrow compass with the consent of the learned advocates for the respective parties the same is taken up for hearing.
3. Rule returnable forthwith. Learned Senior Standing Counsel Mr. Karan Sanghani waives service of notice of rule on behalf of the respondents.
4. By this petition under Article 226 of the Constitution of India, the petitioner has challenged the legality and validity of the notice dated 31.03.2021 issued under Section 148 of the INCOME TAX ACT , 1961 (For Short “the Act”) for Assessment Year 2013-14. After filing of the petition and issuance of the notice by this Court on 29.03.2022, ad-interim relief was granted in terms of paragraph 7(b) whereby, implementation and operation of the notice dated 31.03.2021 was stayed. However, the respondent Assessing Officer passed the Assessment Order on 30.03.2022. The petitioner has, therefore, also challenged the Assessment Order dated 30.03.2022 by amendment, which was allowed.
5. The brief facts of
The Assessing Officer cannot reopen assessment under Section 147 without new tangible material, and prior conclusions by the Transfer Pricing Officer are binding.
Reopening of assessment beyond four years without fresh tangible material or proper disposal of objections is illegal under the Income Tax Act.
The Assessing Officer must establish the jurisdictional requirement for reopening and cannot rely solely on information without verifying if the issue had been disclosed during the original assessmen....
Reopening of assessment under the Income Tax Act requires proper jurisdiction; notices issued after jurisdiction transfer are invalid.
Reopening of assessment under the Income Tax Act requires tangible material; mere change of opinion is insufficient for reassessment.
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