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ITAT Mumbai: Reopening Invalid – Firm Partner Cannot Be Interchanged
Case Law Details
- Case Name
- ACIT Vs Amul Kalyanji Sadiwala (ITAT Mumbai)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2012-13
- Courts
- All ITAT, ITAT Mumbai
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ACIT Vs Amul Kalyanji Sadiwala (ITAT Mumbai)
ITAT Mumbai: Reopening Invalid – Firm Partner Cannot Be Interchanged
In this case, the ITAT Mumbai upheld the quashing of reassessment proceedings where the Assessing Officer reopened the case based on alleged cash loan of ₹3 crore reflected in seized material during a search on a third party.
The crucial flaw identified was that the seized documents referred to “Dr. Sadiwala Clinic” (a partnership firm), whereas the reopening was made in the hands of the individual partner without any direct evidence linking the transaction to him personall...
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