TMI Blog2018 (5) TMI 1443X X X X Extracts X X X X X X X X Extracts X X X X ..... ER ( PER : HONOURABLE Mr. JUSTICE AKIL KURESHI) Petitioner has challenged notice dated 6th October 2018 issued by the respondentAssessing Officer for reopening the petitioner s assessment for AY 20112012. Brief facts are as under : Petitioner is an individual. Her source of income is income from salary. For AY 2011-12, the petitioner had filed return of income declaring gross total income at ₹ 2,52,334/=. In such return, the petitioner had disclosed sale of one immovable property in which she was one of the coowners. After taking indexed cost of acquisition, the petitioner had shown capital loss of ₹ 23,819/=. Such return was revised by the petitioner, reducing the declared loss to ₹ 17,868/=. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 012 in which he did not disturb the petitioner s declaration of the capital gain. To reopen such assessment, the Assessing Officer issued impugned notice. In order to do so, he had recorded the following reasons : 1. As per the information received from the office of the Incometax Officer, Ward 2 [2](3), Ahmedabad vide its letter dated 9th June 2015 alongwith copy of DVO report vide letter No. 6[7]/AVOIII/ 20314/ 810 dated 31st January 2014, received by this Office on 11th June 2015. As per the information, during the course of assessment proceedings in the case of Shri Maitri Sujal Shah [PAN : AAFQPS 3672F] for the year under consideration, the assessee along with seven others have sold an immovable property located, bearing TP Sche ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he filed the present petition. Having heard learned advocates for the parties and having perused the documents on record, what we gather is that the return of the petitioner for AY 201112 was taken in scrutiny. The Assessing Officer examined the petitioner s declaration of sale of immovable property and resultant loss, which she claimed. The Assessing Officer called for the purchase and sale deeds as also supporting evidence for computation of the capital gain. The assessee produced such documents and the approved valuer s report assessing the value of property as on 1st April 1981. The Assessing Officer being satisfied with such material, made no additions in the order of assessment. The impugned notice was issued beyond the period of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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