Kailash Kanhaiyalal Gidwani (HUF), Mumbai vs. Assistant Commissioner of Income-Tax, Circle -2, Sangli
In the result, the appeal of the assessee in ITA No
ITA 1743/PUN/2019[2009-10]Status: DisposedITAT Pune04 Feb 2020AY 2009-10
Bench: Shri D. Karunakara Rao, Am आयकर अपील सं. / Ita Nos.1740, 1741, 1742 & 1743/Pun/2019 िनधा"रण वष" / A. Ys. : 2005-06, 2006-07, 2008-09 & 2009-10 Kailash Kanhaiyalal Gidwani (Huf), City Survey No.341, Laxmi Bungalow, Revenue Colony, South Shivajinagar, Sangli-416416. .......अपीलाथ" / Appellant Pan : Aadhk3800M बनाम / V/S. Acit, Circle-2, ……""यथ" / Respondent Sangli. Assessee By : Shri Sunil Ganoo Revenue By : Shri S. P. Walimbe सुनवाई क" तारीख / Date Of Hearing : 28.01.2020 घोषणा क" तारीख / Date Of Pronouncement : 04.02.2020 आदेश / Order Per D. Karunakara Rao, Am: There Are Four Appeals Under Consideration. All The Four Appeals Are Directed Against The Common Orders Of The Cit(A)-1, Kolhapur Dated 28.08.2019 For The Assessment Years 2005-06, 2006-07, 2008-09 & 2009-10 Respectively. Since The Facts & Issues Are Common In Both The Appeals, Therefore, These Were Heard Together & Are Being Disposed Of By This Composite Order.
For Appellant: Shri Sunil GanooFor Respondent: Shri S. P. Walimbe
Section 143(3)Section 148Section 68
…take a fishing or roving inquiry and seek to verify the claims as if it were a scrutiny assessment. Here the reference could be made to the decision of Hon’ble Gujarat High Court in the case of Inductotherm (India) P Ltd Vs. M Gopalan, DCIT reported in (2013) 356 ITR 481 (Guj) wherein it has been observed by Hon’ble High Court that for a mere verification of the claim, the power of reopening of assessment could not be exercised. It further observed that the Assessing Officer under the guise of power to reopen an assessment, cannot seek to undertake a fishing or roving inquiry and seek to verify the claims, as if…