9911796707
TMI Blog2014 (8) TMI 602X X X X Extracts X X X X X X X X Extracts X X X X ..... n behalf of the petitioner that petitioner filed return of income for the assessment year 200607 showing the total income of Rs. 76,67,256/. It is the case on behalf of the petitioner after filing the return of income, the petitioner received a notice dated 19.06.2008 calling for certain details. That another notice under Section 143(2) of the Act dated 25.08.2008 was received by the petitioner and in response to the said notice, the petitioner filed his reply on 11.08.2008 with the details called for. That another notice under Section 143(2) dated 25.08.2008 was issued to that also the petitioner filed letter in response to the above facts and asked for some time to file further details which had been called for. It is the case on behalf o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the petitioner submitted elaborate objection on 30.1.2014 through his power of attorney holder. That thereafter, the Assessing Officer has passed an order dated 17.2.2014 disposing of the objections raised by the petitioner against the reopening of the scrutiny assessment. Hence, the petitioner has preferred present Special Civil Application under Article 226 of the Constitution of India. 3.0. Shri Manish Shah, learned advocate appearing on behalf of the petitioner has vehemently submitted that initiation of reassessment proceedings beyond the period of four years is absolutely illegal and as such beyond the scope of Section 147/ 148 of the Act. It is submitted that in the present case the impugned notice has been issued beyond the per ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inion, the reopening original assessment which was framed after scrutiny, beyond the period of four years from the relevant assessment year is not permissible, and therefore, it is requested to quash and set aside the impugned notice for reopening the assessment as well as order disposing of the objection. In support of his above prayer, Shri Shah, learned advocate for the petitioner has heavily relied upon the decision of this Court in the case of MAPS Enzymes Limited vs. Deputy Commissioner of Income Tax reported in (2014) 41 Taxman.com 527 (Gujarat). 4.0. Shri Nitin Mehta, learned advocate for the revenue has tried to oppose the present Special Civil Application by submitting that in the reasons recorded it has been specifically alleged ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ies at length. At the outset, it is required to be noted that original assessment was framed by the AO after scrutiny. It is required to be noted that the impugned notice has been issued beyond the period of four years from the relevant assessment year. Under the circumstances, unless and until it is suggested and / or alleged that the income chargeable to tax as escaped assessment for the reasons that the assessee failing to disclose fully or truly all material facts , reopening of assessment is not permissible. In the present case, it appears that the assessee claimed the income from sale of shares, mutual funds etc. as income from capital gain and to that the petitioner was called upon to furnish the necessary details etc. and thereafter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... id. Considering the aforesaid decisions and applying the same to the facts of the case on hand and when it appears that reopening of the assessment is on mere change of opinion by the AO subsequently and reassessment is beyond the period of four years from the relevant years, reopening proceedings are bad in law and therefore, same deserves to be quashed and set aside. 6.0. In view of the above and for the reasons stated above, petition succeeds. The impugned notice for reopening the assessment issued under Section 148 of the Act (Annexure-I) and the order disposing of the objection (Annexure - O) are hereby quashed and set aside. However, it is observed and made it clear that reopening of the assessment proceedings are held to be bad in l ..... X X X X Extracts X X X X X X X X Extracts X X X X
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