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Case Law Details

Case Name : Commissioner of Income Tax Vs Mohmed Juden Dadani (Gujarat high Court At Ahmedabad)
Appeal Number : Tax Appeal No. 964 of 2011 TO
Date of Judgement/Order : 29/01/2013
Related Assessment Year :
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Whether the Income-tax Appellate Tribunal was right in law in coming to the conclusion that when on the ground on which the reopening of assessment is based, no additions are made by the Assessing Officer in the order of assessment, he cannot make additions on some other grounds which did not form part of the reasons recorded by him.

For an Assessing Officer to assess income on any ground not mentioned in the reasons recorded, it is essential that there is a valid reopening of assessment. If the grounds, on which the reopening of the assessment fails, there would thereafter be no longer a valid reopening of an assessment in which the Assessing Officer can make any additions on some other grounds.

HIGH COURT OF GUJARAT AT AHMEDABAD

TAX APPEAL NO. 964 of 2011 TO

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