KAMLESH GUPTA AND SONS HUF,MUMBAI vs. THE INCOME TAX OFFICER WARD 19(2)(2), MUMBAI
ITA 4080/MUM/2024[2012-13]Status: DisposedITAT Mumbai05 Mar 2025AY 2012-13
Bench: Shri Sandeep Gosain (Jm) & Shri Omkareshwar Chidara (Am) Kamlesh Gupta & Sons Huf Ito-19(2)(2) 95-C, Mittal Towers Piramal Chamber Nariman Point, Churchgate Vs. Lalbaug, Lower Mumbai-400 021. Parel, Mumbai-12. Pan : Aaehk4734K Appellant Respondent
For Appellant: Shri Asif KarmaliFor Respondent: Shri Sumit Mantri
Section 143(1)Section 143(3)Section 147Section 148Section 151Section 250
…ent was reopened. In our considered view, at the time of issuance of notice, what is required is only a ‘reasonable belief’ and not an established fact and for that proposition, the following cases-law are relied upon :- a) In the case of Raymond Woolen Ltd. 236 CTR 34(SC), Hon'ble Supreme Court has held that “at the time of reopening the case, what is required is whether there was prima facie some material on the basis of which the Department could reopen the case. The sufficiency or correctness of the material is not a thing to be considered at that stage”. b) Again, in the case of ITO Vs. Sarabhai M Lakhani…