TMI Blog2016 (6) TMI 698X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 148 of the I.T. Act on 10.8.2009 which is beyond the period of four years from the end of the assessment year. Even otherwise, no reasons are assigned by the respondent authority to claim that the earlier Assessing Officer has wrongly allowed the claim of the assessee. In that view of the matter, the petition deserves to be allowed and is allowed accordingly. Notice issued under section 148 of the Income-tax Act dated 10.8.2009 and the preliminary order dated 30.11.2010 for proceeding and completing the reassessment proceedings are hereby quashed and set aside - Decided in favour of assessee - SPECIAL CIVIL APPLICATION NO. 15718 of 2010 - - - Dated:- 9-6-2016 - MR. KS JHAVERI AND MR. G.R.UDHWANI, JJ. FOR THE PETITIONER : MR R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er to assess/re-assess the income of the firm, notice under section 148 is hereby issued for A.Y. 2004-05. The notice is being issued after obtaining the satisfaction/permission of the Addl. CIT, Vapi Range, Vapi. 2. The learned counsel for the petitioner submits that the petitioner filed its return of income along with relevant documents on 30.09.2004. After issuing notice under section 143(2) of the Income-tax Act, scrutiny assessment was framed under section 143(3) of the Act vide order dated 30.3.2005 determining total income at Nil after allowing the claim of deduction under section 80 IB of the Act. Now the respondent seeks to reopen the assessment by issuing notice under section 148 read with section 147 of the Income-tax Act. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eopening the assessment on the basis of material collected by him. He has stated that the profits shown by the assessee in comparison to other builders is very high and the abnormal rate of profit declared by the assessee appears to be influenced by 100% deduction available under section 80IB of the Act. In that view of the matter, the learned counsel for the respondent has contended that no interference is called for with the issuance of notice under section 148 of the I.T. Act for reopening of the assessment. 5. Learned counsel for the petitioner has taken us through the rejoinder affidavit and pointed out the fact that for assessment years 2002-03, 2005-06 and 2008-09 no reopening was done by the respondents even though identical clai ..... X X X X Extracts X X X X X X X X Extracts X X X X
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