Messages

one assessee's m.a. in case of inductotherm is filed before ahmedabad tribunal. issue is disallownce of bad debts by applying decision of gujarat high court in dhall enterprises.
assessee has filed m.a. since dhall enterprises ratio is  over ruled by recent decision of trf ltd. by supreme court. i suppose ahmedabad bench will follow reasoning of mumbai bench to allow assessee's m.a.

R. K. Patel

i think you are making a correct claim. though no direct decision is there, i suppose  analogy of ratio of gujarat high court decision   at 283 I T R 402  can support your view.
interpretation by the court for the phrase " derived from business " should help you.

R. K. Patel.

today gujarat high court in the  writ  of saraswati moulding works quashed notices of recovery u/s 226 on the basis of which bank accounts were attached since no notice was served u/s 156 prior to recovery proceedings.

R. K . Patel, Advocate

supreme court confirmed guj. high court decision  of dhall enterprises at 287 I T R 435

R. K. Patel,advocate

gujarat high court vide it's interim order dt. 11/8/10 admitted a petition challenging jurisdiction of reopening of assessment within a period of 4 years from the end of the assessment year  in the case of bodal chemicals ltd.

the court issued " rule " .

interim  relief is also granted by restraining the respondent assessing officer from passing final assessment order.

subject matter of reopening was in respect of withdrawal of  depriciation on  acquired goodwill  granted  in the original scrutiny assessment u/s 143(3)

r.k.patel

gujarat high court vide judgement dt. 17/8/10 in the case of dr. p.s. iyenger quashed and set aside order u/s 127(2)

centralising the  case of the petitioner  as no reasons were recorded by the revenue authority.

the court further quashed the notice u/ 153 C  issued by the central circle as a corollary and allowed the petition

by making the rule absolute.

r.k.patel.

gujarat high court in the case of kanubhai patel huf and others by order dt. 13.7.10 decided that notice issued in s.149 means the day notice is actually submitted to postal authority , and the date of signing notice is not  the date of  issue of notice. issued means actually issued , and not merely signed by the officer.

R.K.Patel.

for the same assessee, writs for 3 assessment years where reopening is within 4 years from the end of relevant years is  admitted by the court . RULE is issued with approproiate  INTERIM RELIEF by way of restraining respondent from serving  reassessment orders to the assessee till disposal of petitions.

R. K. Patel.