Case Law Details
Saurabh Natvarlal Soparkar Vs ACIT (Ahmedabad High Court)
it is evident that a specific query was raised by the Assessing Officer with respect to Section 14A and the same was appropriately replied by the writ applicant. The same was accepted at the relevant point of time. Once again the very same issue is sought to be raised for the purpose of reopening which is otherwise not permissible in law on mere change of opinion. It cannot be said that there was any failure on the part of the assessee to fully and truly disclose all the material facts. This writ application, in our opinion, could be said to be squarely covered by the decision of the Supreme Court rendered in the case of CIT vs. Kelvinator India, reported in (2010) 2 SCC 723.
In the overall view of the matter, we are convinced that the impugned notice under Section 148 of the Act issued to the assessee for the purpose of reopening of the assessment beyond the period of four years and that too in a case of scrutiny assessment under Section 143(3) of the Act is not sustainable in law having regard to the facts of this case.
FULL TEXT OF THE JUDGMENT/ORDER OF AHMEDABAD HIGH COURT
Please become a Premium member. If you are already a Premium member, login here to access the full content.
