Reopening u/s 148 unsustainable as relevant income already reflected in return

Apex Remedies Pvt Ltd Vs ITO (Gujarat high court)

Gujarat High court held that reasons recorded while issuing notice u/s 148 was that capital gain on sale of property was not reflected in return and hence income has escaped assessment. However, factually, capital gain was already reflected in the return and hence it cannot be said that income chargeable to tax has escaped assessment and hence reopening unsustained.

Facts- In this petition, which is filed under Article 226

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