2019 (1) TMI 119

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.....JUSTICE HARSHA DEVANI) 1. Mr. Hardik Vora, learned advocate for the petitioner has invited the attention of the court to the reasons recorded for reopening the assessment for assessment year 2011-12, to submit that the assessment is sought to be reopened on the ground that the petitioner has indulged in a sham transaction so as to convert unaccounted money into accounted money in the guise of ca....

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....place, the amount of Rs. 9,52,525/- stated to have been received by the assessee is incorrect. Reference was made to the working of capital gains annexed along with the return of income to point out that such amount is Rs. 9,50,625/-. It was further pointed out that the year of acquisition of the shares is 2002-03 and the same have been sold in 2010 and, therefore, the holding period of the shares....

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....Act by issuing the impugned notice is without authority of law. 3. It was further submitted that in the reasons recorded, the Assessing Officer has stated that in this case the assessee has not filed any return of income for the year under consideration, which is factually incorrect as the petitioner had duly filed the return of income, a copy whereof has been annexed as Annexure-A to the petitio....