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TMI Blog2015 (8) TMI 721X X X X Extracts X X X X X X X X Extracts X X X X ..... 2.1. That the assessee filed his return of income for AY 2009-10 declaring total income at Rs. 15,69,994/- after claiming deduction under Section 80IB(10) of the Act of Rs. 77,41,250/-. That the return of income was selected for scrutiny. Detailed questionnaire also asked by the AO more particularly, with respect to deduction under Section 80IB (10) of the Act claimed by the petitioner-assessee. That the petitioner responded to the said questionnaire and provided all the materials with respect to the claim under Section 80IB(10) of the Act. That thereafter, the AO passed the assessment order under Section 143(3) of the Act on 4.11.2011 for AY 2009-10 allowing the deduction under Section 80IB(10) of the Act claim by the petitionerassessee. That thereafter, however within a period of four weeks from the date of relevant assessment year, the AO has issued impugned notices on 29.03.2014 and 31.03.2014 under Section 148 of the Act for AY 2009-10 proposing to reassess the total income. That in response to the said notice, the petitioner by letter dated 3.4.2014 requesting the AO to treat the return file on 13.08.2009 in response to the impugned notices under Section 148 of the Act and al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mitted that in response to the same the petitioner replied to the same and submitted necessary documents / materials in respect of his claimed under Section 80IB of the Act and only thereafter and having satisfied with the deduction claimed under Section 80IB(10) of the Act of Rs. 77,41,250/-. It is submitted that thereafter it not now open for the AO to reopen the complete and finalize the assessment on the very issue. It is submitted that as such in light of the aforesaid fact reopening can be said to be of change of opinion of the AO. It is submitted that as per the catena of decisions mere change of opinion of the AO, the reassessment / reopening of the assessment under Section 147 of the Act is not justified, more particularly, in absence of any other tangible documents available with AO. Making above submission and relying upon the decision of the Hon'ble Supreme Court in the case of CIT vs. Kelvinator of India Ltd reported in (320) ITR 561 as well as decision of the Division Bench of this Court in the case of Gujarat Power Corporation Ltd vs. ACIT reported in (350) ITR 226, it is requested to allow the present Special Civil Application and to quash and set aside the imp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... per subsection 10 of the section 80IB, the date of completion of construction of the housing project shall be taken to the date on which the completion certificate in respect of such housing project is issued by the local authority. It was noticed from the permission order granted for first unit by local authority viz. Anand Jilla Panchayat dated 07.01.2007 that as per condition No.2 of the order, the assessee has to complete the project within three years of the date of issuance of this order i.e. assessee has to complete the project by 06.01.2010. As per condition No.3 of the said order, assessee has to intimate the Taluka Development Officer, Anand within one month of completeion of construction project. It was further noticed from the condition no. 25 of the said order that breach of any condition of the order would render the permission liable for cancellation. It was noticed that the project of the assessee was not completed till 14.10.2011 as is evident the fact that assessee in his submission dated 14.10.2011 has mentioned that the project is in progress and did not furnish any completion certificate. Since neither the condition of local authority to complete the project b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... esidential units sold/ booked. Full name of the person to/ for whom sold / booked Complete communication address Pan, if any Date of sale/ booking (Rs.) Amount of sale / booking (Rs.) Total consideration for which residential unit with sold or agreed to sold to sale Residential unit number sold/ booked. 6.3. In response to the same, the petitioner submitted necessary details along with communication / reply dated 14.10.2011, more particularly, with respect to the deduction under Section 80IB(10) of the Act. Para 17 of the said reply reads as under: "17. As regards the Deduction u/s 80IB of the IT Act, the desired details are as follows: a. The Audit Report for claiming deduction u/s. 80IB is enclosed. All the details as regard the deduction are mentioned in the said Report. b. The copy of Purchase Deed of land, in respect of which Deduction is claimed for the Housing Project, is enclosed. c. The copy of Plan and Layout along with the approval letter of prescribed authority is enclosed. d. The details of Residential unit wise Built up Area are enclosed. e. The details, as desired, are mentioned in the 80 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fter scrutinizing the claim minutely during the assessment proceedings, does not reject such a claim, but chooses not to give any reasons for such a course of action that he adopts, it can hardly be stated that he did not form an opinion on such a claim. It is not unknown that assessments of larger corporations in the modern day, involve large number of complex claims, voluminous material, numerous exemptions and deductions. If the Assessing Officer is burdened with the responsibility of giving reasons for several claims so made and accepted by him, it would even otherwise cast an unreasonable expectation which within the short frame of time available under law would be too much to expect him to carry. Irrespective of this, in a given case, if the Assessing Officer on his own for reasons best known to him, chooses not to assign reasons for not rejecting the claim of an assessee after thorough scrutiny, it can hardly be stated by the revenue that the Assessing Officer can not be seen to have formed any opinion on such a claim. Such a contention, in our opinion, would be devoid of merits. If a claim made by the assessee in the return is not rejected, it stands allowed. If such a clai ..... 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