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Messages - rajul5234

Discussion / Bogus LTCG Reopening
July 10, 2021, 10:38:34 AM
Gujarat H C in SCA 17756/2018 Dt. 11/6/21 in case of Priti Paras Savla quashed reopning procedings beyond 4 years from end of the year in a scritized assessment as subject matter of reasons of reopning was processed for exempted LTCG alleged to be bogus.

RE K Patel
Discussion / IDS 2016 and Double taxation - s.148
September 14, 2018, 03:51:55 PM
M/s. M R Shah logistrics  Guj HC  SCA 21028/2017  Dt. 14/08/18

Held that reopening in company not maintainable for amount accepted in IDS 2016 in case of share applicant.

R K Patel
Discussion / Writ against Tribunal
September 14, 2018, 03:47:46 PM
Shambhubhai Mahadev Ahir. SCA 6337/2018. 20/8/18 Guj HC

Tribunal has no jurisdiction u/s 254(2) to allow MA when fundamental error is absent in order of appeal.

R K Patel
Discussion / IDS 2016
September 14, 2018, 03:44:14 PM
SCA 2497 / 2018. Nareshkumar Bisweshwar  Agrawal . 21/8/18. Gujarat HC

IDS 2016 and board powers explained in context of mistake of short payment of tax installment.

R K Patel
Guj. HC. R/SCA 21030/2017. Mumtaz Haji. Dt. 21/3/2018

Held, Even if s.143(1) is applicable, reopening on incorrect facts and supplemental reasons in affidavit in reply is not permissible.

R K Patel
Discussion / Reopening - 2nd notice
March 25, 2018, 09:21:17 PM
Gujarat high court. SCA 17698/2017, dt. 7/3/2018. Marwadi shares and finance

held, second notice u/s 148 without withdrawal of first notice of reopening invalid.

R K Patel
Discussion / s. 80IA(4) interpretation
November 04, 2017, 08:45:59 PM
SCA 7098 / 2017. Dt. 3/11/17. Devraj infrastructures ltd. (Guj)

Held, Deduction can be claimed from AY in which atleast 30 units are located in industrial park.

AY relevant to date of commencement of park need not be the first year for entitlement of claim.

R K Patel
Discussion / Reopening on interoretation
August 30, 2017, 12:13:11 PM
SCA 11877 / 2017. Cadila health care, GUJ H C Dt. 28/8/17

Held, reopening on same evidence for interpretation of provision not permissible.

R K Patel
Discussion / Penny stock and sebi penalty
August 30, 2017, 12:11:02 PM
TA 631/2017, dated 28/8/17. Gautam Jhaveri GUJ H C

Held, Past penalty by SEBi has no relevance to evidence on record for year under consideration.

R K Patel
Discussion / s.263 revision jurisdiction
August 24, 2017, 09:53:23 PM
SCA 4036/2016. Dt. 21 7 22/8/17.  Micro inks

Gujarat high court held that s. 263 cannpt be invoked if AO has taken a plausible view on interpretation of ratio of SC decision.

R K Patel
Discussion / s. 132A and seizure of cash
August 17, 2017, 11:36:18 AM
Gujarat high court. SCA 20532 / 2015 dated 9/8/17
ITO (Investigation) vs. DSP & others

Held, In absence of requisition u/s 132A or crimainal case by police, seizure of cash by intercepting a vehicle is illegal.

R K Patel
Discussion / s.245 I Finality
August 04, 2017, 11:09:22 AM
TA 276/2017 B. Nanji. Guj H C. Dt 26/7/17

Held, s. 245 I attaches finality to taxing of an issue in dispute.
Taxation of another assessee as a right person thereafter cannot be a correct stand of revenue.  R K Patel
Discussion / Reopening- Internal audit mechanism
July 31, 2017, 01:07:28 PM
Gujarat high court. SCA 16232 / 2010. Dt. 24/7/17 Axis bank

Reopening at instance of internal audit opinion not sustainable if AO disagrees with the view but notice is issued under compulsion of higher authorities. CAG audit or internal audit department does not make any difference.
Gujarat high court. SCA 9822/2017. Dt. 18/7/17, Susan Chako Perumal

Held, A show cause notice is a must in director's case prior to passing of order u/s 179(1).

R K Patel
Gujarat high court. SCA 16644 / 2012, dated 14/6/17, Radha wami salt

Court struck down reopening considering change of opinion theory and also corelated s.246 , 251(1) and third proviso to s.147 for explaining merger of assessment order with appellate order.

R K Patel