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2024 (4) TMI 143 - BOMBAY HIGH COURTValidity of reopening order passed without dealing with assessee's submission - escapement of income is on the basis of audit objections raised - HELD THAT:- Petitioner explained that as regards the first issue being the value in lieu of additional FSI plus Fungible FSI, the same was subject matter of assessment proceedings and therefore, it was a clear case of change of opinion. As regards the second part Petitioner explained that the same issue under the original development agreement was considered by the ITAT for AY 2011-2012 and the ITAT has held that the amount was not taxable in the hands of Petitioner. In the order passed under Section 148A(d) of the Act, the AO has not dealt with any of these submissions of Petitioner. Therefore, in our view, such an order which does not deal with the submissions of Petitioner, cannot be sustained. In the result impugned order is hereby quashed and set aside. The consequential notice issued u/s 148 of the Act is hereby quashed and set aside.The matter is remanded to the AO for de-novo consideration. Decided in favour of assessee.
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