Ganesh Valabhai Family Trust v. Dy CIT

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The Tax Publishers2008 TaxPub(DT) 1714 (Guj-HC) : (2008) 306 ITR 0221 : (2008) 217 CTR 0588 : (2008) 005 DTR 0317 Ganesh Valabhai Family Trust v. Dy CIT INCOME TAX ACT, 1961 Reassessment - Notice under section 148 -Limitation -TDS Certificate *Held:* Where assessment was reopened after expiry of four years from relevant assessment year on ground that as per TDS certificate work done was shown higher than income from work done showed in return. As TDS certificate was not concerned with work done, therefore, no failure on part of assessee to declare fully and truly relevant particulars of income was found, hence, reopening of assessment was not permissible in law considering the fact that notice under section 148 had been issued after a period of four years from the end of assessment. Income-tax Act, 1961, Section 147 A.Y. : 1983-84 Decision: In favour of assessee Case Law Analysis:Calcutta Discount Co. Ltd. v. ITO (1961) 41 ITR 191 (SC); ITO v. Lakhmani Mewal Das (1976) 103 1TR 437 (SC); Parashuram Pottery Works Co. Ltd. v. ITO (1977) 106 ITR 1 (SC); Krishna Metal Industries v. HM. Algotar (1997) 140 CTR (Guj) 200 :(1997) 225 ITR 853 (Guj). Ganesh Valabhai Family Trust v. Dy CIT SUBSCRIBE FOR FULL CONTENT

The Tax Publishers2008 TaxPub(DT) 1714 (Guj-HC) : (2008) 306 ITR 0221 : (2008) 217 CTR 0588 : (2008) 005 DTR 0317

Ganesh Valabhai Family Trust v. Dy CIT

INCOME TAX ACT, 1961

Reassessment - Notice under section 148 -Limitation -TDS Certificate

Held: Where assessment was reopened after expiry of four years from relevant assessment year on ground that as per TDS certificate work done was shown higher than income from work done showed in return. As TDS certificate was not concerned with work done, therefore, no failure on part of assessee to declare fully and truly relevant particulars of income was found, hence, reopening of assessment was not permissible in law considering the fact that notice under section 148 had been issued after a period of four years from the end of assessment.

Income-tax Act, 1961, Section 147

A.Y. : 1983-84
Decision: In favour of assessee

Case Law Analysis:Calcutta Discount Co. Ltd. v. ITO (1961) 41 ITR 191 (SC); ITO v. Lakhmani Mewal Das (1976) 103 1TR 437 (SC); Parashuram Pottery Works Co. Ltd. v. ITO (1977) 106 ITR 1 (SC); Krishna Metal Industries v. HM. Algotar (1997) 140 CTR (Guj) 200 :(1997) 225 ITR 853 (Guj).

Ganesh Valabhai Family Trust v. Dy CIT