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Case Law Details

Case Name : PCIT Vs M/s. Shodiman Investments Pvt. Ltd. (Bombay High Court)
Appeal Number : Income Tax Appeal No. 1297 of 2015
Date of Judgement/Order : 16/04/2018
Related Assessment Year : 2003-04
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PCIT Vs M/s. Shodiman Investments Pvt. Ltd. (Bombay High Court)

In this case Assessing Officer has not applied his mind to the information received by him from the DDIT (Inv.). The Assessing Officer has merely issued a re­opening notice on the basis of intimation regarding re­opening notice from the DDIT (Inv.) This is clearly in breach of the settled position in law that re-opening notice has to be issued by the Assessing Office on his own satisfaction and not on borrowed satisfaction.

FULL TEXT OF THE HIGH COURT JUDGMENT / ORDER IS AS FOLLOWS:

This Appeal under Section 260­A of the Income Tax Act, 1961 (the Act), challenges the order dated 12th December, 2014, passed by the Income Tax Appellate Tribunal (the Tribunal). The impugned order dated 12th December, 2014 is in respect of Assessment Year 2003­04.

2. Revenue urges the following question of law, for our consideration:

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