Held that the issue under consideration had not been examined by the Assessing Officer while passing the assessment order. The transactions entered into by the assessee were non-genuine and were carried out with a view to avoid paying tax. The assessee had set off the loss incurred from futures and options trading against profits booked from normal business activity. This was a text book case of tax avoidance. The notice of reassessment was valid. (AY. 2016-17)
Shrikant Phulchand Bhakkad (HUF) v. JCIT (2022) 446 ITR 250 / 213 DTR 361 / 328 CTR 64 / 287 Taxman 440 (Bom.)(HC)
S. 147 : Reassessment-Bogus transaction-Information from investigation wing-Limited scrutiny-Futures and options-Loss was set off against normal business-Reassessment notice valid. [S. 43(5)(d), 133(6), 148, 151, Art. 226]