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2016 (10) TMI 780 - HC - Income TaxReopening of assessment - original assessment was accepted without scrutiny u/s 143(1) - registration of the property in subsequent year whereas the consideration was received many years before - Held that:- the attempt on the part of Assessing Officer to reopen the assessment for the Assessment Year 2009-10 was by way of abundant caution. Even the materials on record would prima facie suggest that the ground of payment and acceptance of on- money in purchase of landed property, is relatable to the period relevant to the Assessment Year 2013-14. Perhaps only on account of fact that the sale deed was registered during the period relevant for the Assessment Year 2009-10 and the amount involved was considerable, the Assessing Officer has issued the notice of reopening also in relation to the assessment year 2009-10. On such ground, though the original assessment was framed without scrutiny, we are inclined to quash the notice of reopening in connection with Assessment Year 2009-10. When we come to the notice of reopening for the Assessment Year 2013-14, the situation is vastly different. This notice has been issued within a period of 4 years from the end of relevant assessment year. There is nothing on record to suggest that the issues referred to in the reasons recorded by the Assessing Officer came up for consideration during such scrutiny assessment. It is not even the case of the petitioner that any addition on such count would be based on change of opinion. - Notice us/ 148 for the AY 2013-14 sustained. - Decided partly in favor of assessee.
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