Reopening not permissible on the ground of expense which was not claimed by Assessee

Sandip Bhikhubhai Padsala Vs. ITO & Anr. (Gujarat High Court) It is submitted that as such the petitioner – assessee did not claim interest under section 40(a)(ia) of the Income Tax Act, and therefore, there was no question of reopening of the assessment on the aforesaid ground. it is an admitted position that the petitioner – assessee did not claim any interest under section 40(a)(ia) of the Income Tax Act, and therefore, on the aforesaid ground the assessing officer is not justified in reopening the assessment. No exemption under section 10(38) could be allowed in respect of capital...