Deepak Marda v. ITO [2023] 150 taxmann.com 114 (Bom)(HC)

S. 147 : Reassessment–After the expiry of four years -Sale of shares -Capital gain–Another director has shown the income as salary– Reassessment is not justified. [S. 15, 45 148, Art. 226 ]

Allowing the petition the Court held that where the assessee, a director in a company, transferred shares of said company and disclosed income under head capital gain and Assessing Officer passed order under section 143(3) accepting disclosed income, merely because another director of said company had disclosed income received from transfer of shares under head Income from salary, it could not be a ground for reopening of assessment of assessee. The reassessment notice and order disposing the objection was quashed. (AY. 2014-15)