Gujarat High Court High Court

Hitachi vs Asstt.Commissioner on 18 October, 2011

Gujarat High Court
Hitachi vs Asstt.Commissioner on 18 October, 2011
Author: Akil Kureshi, Gokani,
  
 Gujarat High Court Case Information System 
    
  
    

 
 
    	      
         
	    
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SCA/15726/2011	 2/ 2	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

SPECIAL
CIVIL APPLICATION No. 15726 of 2011
 

 
 
=========================================================

 

HITACHI
HOME & LIFE SOLUTIONS (I)LTD., - Petitioner(s)
 

Versus
 

ASSTT.COMMISSIONER
OF INCOME TAX - Respondent(s)
 

=========================================================
 
Appearance
: 
MR
SN SOPARKAR, SENIOR COUNSEL WITH MS. BHOOMI THAKORE AND MRS SWATI
SOPARKAR for
Petitioner(s) : 1, 
None for Respondent(s) :
1, 
=========================================================


 
	  
	 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE AKIL KURESHI
		
	
	 
		 
		 
			 

and
		
	
	 
		 
		 
			 

HONOURABLE
			MS JUSTICE SONIA GOKANI
		
	

 

 
 


 

Date
: 18/10/2011 

 

 
 
ORAL
ORDER

(Per
: HONOURABLE MR.JUSTICE AKIL KURESHI)

Counsel
for the petitioner submitted that the assessment completed upon
scrutiny is sought to be reopened beyond four years from the end of
relevant assessment year. From the reasons recorded, it was pointed
out that reopening is sought to be opened on the basis of
retrospective amendment of Section 115JB(2) of the Income Tax Act.
Counsel submitted that since there was no failure on part of the
assessee in disclosing truly and fully all material facts leading to
escaping income to be charged to tax, reopening could not have been
resorted to beyond four years.

Issue
notice returnable on 22.11.2011.

Respondents
may proceed in connection with notice of reassessment, however final
order of assessment may not be passed.

(Akil
Kureshi,J.)

(Ms.

Sonia Gokani,J.)

(raghu)

   

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