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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
BHARGAV D. KARIA, PRANAV TRIVEDI
Slimtile Private Limited – Appellant
Versus
Assistant Commissioner Of Income Tax, DCIT/ACIT Circle 1(1) (1) – Respondent
| Table of Content |
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| 1. challenge against notice for re-opening assessment (Para 4 , 5 , 6) |
JUDGMENT :
BHARGAV D. KARIA, J.
1. Heard learned advocate Mr.B.S.Soparkar for the petitioner and learned Senior Standing Counsel Mr.Karan G. Sanghani for the respondents.
2. Rule, returnable forthwith. Learned Senior Standing Counsel Mr.Karan Sanghani waives service of notice of rule for and on behalf of the respondents.
3. Having regard to the controversy in narrow compass, with the consent of the learned advocates for the parties, the matter is taken up for hearing.
4. The petitioner has challenged the notice for re-opening under Section 148 of the INCOME TAX ACT , 1961 (for short ‘the Act’) as well as the notice under Section 148 A(b) of the Act and order under Section 148 A(d) of the Act for the Assessment Year 2018-19.
5. The petitioner has also challenged the reference to Valuation Officer by the Assessing Officer by order dated 24th June, 2023 to determine the Fair Market Value of tangible assets added during the year by the petitioner on the ground that such reference to Departmental Valuation Officer was made only with a view to extend the period of limitation to frame the assessment.
6. The bri
Reopening of assessment under the Income Tax Act requires proper jurisdiction; notices issued after jurisdiction transfer are invalid.
Reopening of assessment under Section 148 is invalid if based on materials already available during the original assessment, constituting a mere change of opinion without fresh evidence.
Jurisdiction of an Assessing Officer under the Income Tax Act must be established through statutory orders, not merely system data, underscoring the necessity for compliance with Section 127 regardin....
Reopening of assessment under the Income Tax Act requires tangible new material; mere change of opinion is insufficient.
Notices for reopening assessments issued beyond limitation period are invalid, and jurisdictional challenges can be maintained despite availability of alternative remedies.
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