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The Commissioner of Income Tax-II, Pune Versus M/s. Kharade Patil

2015 (9) TMI 231 - BOMBAY HIGH COURT

Reopening of assessment - whether the Tribunal erred in holding that the issue of notice u/s 148 was bad in law as the proceedings initiated were merely on the change of opinion? - whether the facts that the issue of completion of project was never b .....

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l records the fact that the assessment orders passed in regular assessment proceedings in the subject assessment years has held that conditions laid down in Section 80IB(10) of the Act had been fulfilled by the respondent-assessee. This itself presup .....

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nal cannot be found fault with. Moreover, the impugned order merely records a finding of fact which is evident from the order of the Assessing Officer passed in regular assessment proceedings for the two subject years. This finding of fact is not sho .....

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klecha And N. M. Jamdar, JJ. For the Appellant : Mr. Suresh Kumar, Adv I/b Vipul Bajpayee For the Respondent : None ORDER P.C. These appeals by the revenue challenging the common order dated 29 October 2012 passed by the Income Tax Appellate Tribunal .....

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r on the facts and in the circumstances of the case and in law, the Tribunal erred in holding that the issue of notice u/s 148 was bad in law as the proceedings initiated were merely on the change of opinion without appreciating the facts that the is .....

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Tribunal by the impugned common order for both the assessment years has taken a view that the notices for reopening assessment were bad as it was based on a change of opinion. The Assessing Officer had during the regular assessment proceedings under .....

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ars under Section 143(3) of the Act, both on which records the fact that the Assessing Officer had made a personal visit to project site and personally verified that the respondent-assessee had not constructed any commercial units and area of each re .....

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vance of the revenue is that the completion certificate in respect of Wing 'D' which is one of the building in the concerned housing project was not filed by the respondent-assessee. Consequently, the issuing of the impugned notice would not .....

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