2016 (12) TMI 413

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....etition is taken up for final hearing today. 2.00. By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for appropriate writ, order and/or direction to quash and set aside the impugned notice issued under section 148 of the Income Tax Act, by which the assessment for the A.Y. 2011-12 is sought to be reopened in exercise of the powers under section 147 of the Income Tax Act. 3.00. At the request made by the assessee, A.O. has furnished reasons recorded for reopening the assessment for A.Y. 2011-12. The reasons recorded read as under :- "Reasons for re-opening the case u/s. 147 of the Income Tax Act, 1961 :- 1. Assessee claimed credit of TDS, deducted by Pvr Limited and Saumya Construct....

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....his petition under Article 226 of the Constitution of India. 5.00. It is mainly contended on behalf of the assessee that the assessment is sought to be reopened on the audit objections only and there is no independent opinion formed by the A.O. and therefore, the reopening is not permissible. 5.01. The learned counsel appearing on behalf of the assessee has heavily relied upon the decision of the Division Bench of this court in the case of Commissioner of Income Tax, Ahmedabad - IV Versus Shilp Gravures Ltd., rendered in [2013] 40 Taxmann 309; in the case of Vodafone West Ltd. Vs. Assistant Commissioner of Income-tax reported in [2013] 37 Taxmann 158 (Gujarat), as well as another decision of the Division Bench of this Court rendered i....