Mehrunnisa Mohamed Fazal Maniar v. ITO (2021) 280 Taxman 261 (Guj.)(HC)

S. 147 : Reassessment-With in four years-Information from DDIT (Investigation)-Bogus transaction-Accommodation entries-Long term capital gain-Sale of shares-Mere disclosure of that transaction at time of original assessment proceedings could not be said to be disclosure of true and full facts-Reassessment is held to be valid. [S. 45, 68, Art. 226]

Assessing Officer issued notice u/s. 148 on the basis of information from DDIT (Investigation) alleging that the transaction of long term capital gain shown by the assessee was bogus transaction and only accommodation entries. The assessee challenged the reassessment proceedings by filing the writ petition. Dismissing the petition the Court held since transaction itself on basis of subsequent information was found to be a bogus transaction, mere disclosure of that transaction at time of original assessment proceedings could not be said to be disclosure of true and full facts. Notice issued was held to be justified. (AY. 2012-13)