SHARDA EXPORTS Vs. COMMISSIONER OF INCOME TAX DEHRADUN

JUDGEMENT

(1.) The petitioner is common in all these writ petitions which arise out of the reassessment proceedings initiated by the Income Tax Department, and the orders passed therein. The assessment year to which these petitions pertain are 2005-06 (WPMS No. 2546 of 2011 and WPMS No. 49 of 2011), 2006-07 (WPMS No. 120 of 2013), 2007-08 (WPMS No. 121 of 2013, 2008-09 (WPMS No. 122 of 2013). As the point raised by the learned counsel for the petitioner in all these writ petitions is common, these petitions are being decided by a common order. All the same, for the sake of convenience, unless the context otherwise requires, the general facts would be the ones relating to WPMS No. 122 of 2013.

(2.) The petitioner is a partnership firm which is duly registered. According to the petitioner, the firm was constituted on 01.12.2003 vide partnership deed dated 1.12.2003 having following partners :

(3.) Later in the year 2005, Smt. Meenakshi Gupta w/o Shri Jitendra Kumar Gupta was also inducted as a partner. This firm was reconstituted on 01.01.2009 with the same name i.e. Sharda Exports"? with Sri Jitendra Kumar Gupta, Sri Aditya Kumar Gupta and Sri Ashish Kumar Gupta as partners, with its office at Plot No. 11, Sector-4, Sidcul Integrated Industrial Estate Ranipur, Haridwar and the firm M/s Sharda Exports which has the above three partners and Smt. Meenakshi Gupta as partner was dissolved on 31.3.2009. These facts are being stated here as one of the submissions of the learned counsel for the petitioner is that post 2009 there is a different firm than what was for the assessment year 2005-06 to assessment year 2008-09.