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TMI Blog2022 (4) TMI 1080X X X X Extracts X X X X X X X X Extracts X X X X ..... aterial could be said to have come to the knowledge of the respondent after the framing of the assessment. The case could be said to be one of mere change of opinion - Writ application succeeds and is hereby allowed - R/SPECIAL CIVIL APPLICATION NO. 13101 OF 2021 - - - Dated:- 5-4-2022 - HONOURABLE MR. JUSTICE J.B.PARDIWALA AND HONOURABLE MS. JUSTICE NISHA M. THAKORE MS VAIBHAVI K PARIKH FOR THE PETITIONER M R BHATT CO. FOR THE RESPONDENT ORDER PER : HONOURABLE MR. JUSTICE J.B.PARDIWALA 1. By this writ application under Article 226 of the Constitution of India, the writ applicant has prayed for the following reliefs; (a) quash and set aside the impugned notice at Annexure- A to this petition; ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dent vide order dated 11.08.2021. The respondent disposed of the objections stating that the action of reopening for the year under consideration is justified. 4. In such circumstances, referred to above, the writ applicant is here before this Court with the present writ application. 5. Mr. Tushar Hemani, the learned senior counsel assisted by Ms. Vaibhavi Parikh, the learned advocate appearing for the writ applicant broadly made the following submissions; I) Reopening is beyond a period of four years and there is no failure on the part of the writ applicant as to full and true disclosure. II) Reopening is based on mere change of opinion. III) Even on merits, the addition is not warranted. IV) There is no escapement of inc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... two more grounds have been highlighted for the purpose of reopening. We quote Paras-6 and 7 of the reply as under; 6. The Assessing Officer also reopened the case on the ground that the petitioner had deducted TDS of US$ 24,960 on payment of US $ 592012 to City Corp. Singapore towards interest on external commercial borrowing. The petitioner failed to deduct the TDS @ 10% on the gross amount which comes to US $ 65,779 in view of the DTAA Singapore. Such failure on the part of the petitioner requires proportionate disallowance under Section 40(a)(i) of the Act. Such failure has resulted into escapement of ₹ 2,31,65,026/-. 7. The Assessing Officer also reopened the case on the ground that the DCPL Founders Limited was amalga ..... X X X X Extracts X X X X X X X X Extracts X X X X
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