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Whether reassessment proceedings can be initiated on basis of CIT(A)’s directions

Case Law Details

TaxGuru Citation
2017 taxguru.in 711
Case Name
Raghunath Devchand Patil Vs Asst. Commissioner of Income Tax (Gujarat High Court)
Date of Judgement/Order
Only available for paid members
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ORAL ORDER

(PER : HONORABLE Mr. JUSTICE M.R. SHAH)

Draft amendment is allowed. Amendment to be carried out forthwith.

It is the case on behalf of the petitioner that the assessment for A.Y 2008-2009 is sought to be reopen beyond the period of six years, solely on the directions issued by the learned CIT [A], which has been subsequently set-aside by the learned Tribunal. It is submitted that otherwise, the re-assessment proceedings beyond six years is not permissible.

Under the circumstances, notice returnable on 26th December 2016. By way of ad interim relief, it is directed that the Assessing Officer may proceed further with re-assessment proceeding, however, no final order shall be passed without prior permission of this Court, during pendency and final disposal of this petition.

Direct service is permitted.

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