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2016 Supreme(P&H) 812

AJAY KUMAR MITTAL, RAJ RAHUL GARG
Jindal Steel and Power Limited – Appellant
Versus
Assistant Commissioner of Income Tax – Respondent


Advocate Appeared:
For the Petitioner:Mr. Ashok Aggarwal, Sr. Advocate with Mr. Vishal Gupta, Mr. Mukal Aggarwal and Mr. Rohit Jain, Advocates

JUDGMENT :

Ajay Kumar Mittal, J.

1. The petitioner prays for quashing the notice dated 24.3.2015 issued under section 148 of the Income Tax Act, 1961 (in short, “the Act”) for the assessment year 2008-09, order dated 21.3.2016 disposing of the legal objections filed by the petitioner challenging the validity of reassessment proceedings and final order dated 31.3.2016 passed under section 143(3)/147 of the Act reassessing the income of the petitioner.

2. A few facts relevant for the decision of the controversy involved as narrated in the petition may be noticed. For the relevant assessment year 2008-09, the petitioner filed return of income declaring income of Rs.766,72,79,900/- under the normal provisions of the Act and book profit under section 115JB of the Act amounting to Rs.14,98,73,68,662/-. Original assessment was completed vide order dated 27.12.2010, Annexure P.2 passed under section 143(3) of the Act after examining complete records including books of account, return of income and accompanying documents filed by the petitioner. Deduction under Section 80IA of the Act was restricted to Rs.223,80,25,060/- as against Rs.428,94,98,566/- claimed by the petitioner and deduction und



























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