Pacific Energy (P.) Ltd. v. ITO (2023) 295 Taxman 785 (Bom.)(HC)

S. 147 : Reassessment-After the expiry of four years-Book profit-Over-stated cost of acquisition of shares and excess loss-No impact on tax liability on book profits-Reassessment notice and order disposing the objection is quashed.[S.115JA, 143(1), 148, Art. 226]

Assessment was completed under section 143(1) accepting the income as per book profit under section. 115JA of the Act.  The Assessing Officer issued notice  under section 148 alleging that assessee had over-stated cost of acquisition of shares and excessive loss was claimed by assessee. On writ the Court held that in return and computation of income filed by assessee, complete facts relating to cost of acquisition of shares were disclosed by assessee. Court also held that even if revenue’s case as set out in reason was accepted, it would still have no impact because assessee would be liable to pay tax on basis of book profits. Accordingly the  notice and order disposing the objection  was   quashed and set aside. Followed Motto Tiles (P) Ltd. v. ACIT (2016) 73 taxmann.com 176/ 386 ITR 280(Guj)(HC)   (AY. 1999-2000)