TMI Blog2017 (4) TMI 1378X X X X Extracts X X X X X X X X Extracts X X X X ..... the same has been set aside by the learned tribunal confirmed by this Court, the impugned notice under Section 148 and reopening of the assessment for the Assessment Years 2005-06 and 2006-07 cannot be further sustained and the same deserves to be quashed and set aside as the cause and the grounds to reopen the assessment for the Assessment Years 2005-06 and 2006-07 do not exist. In view of the above and for the reasons stated hereinabove, both these petitions succeed. The impugned notice under Section 148 of the Income Tax Act to reopen the assessment for the Assessment Years 2005-06 and 2006-07 and the impugned reassessment proceedings for the Assessment Years 2005-06 and 2006-07 are hereby quashed and set aside. - Special Civil Appli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essment Year 2005-06 and claimed deduction under Section 11 of the Income Tax Act. The Assessment Order was passed on 22/10/2007 for the Assessment Year 2005-06 granting deduction under Section 11 of the Income Tax Act as claimed by the assessee. [3.2] Petitioner assessee filed the return of income for the Assessment Year 2006-07 declaring the total income at NIL. The Assessing Officer passed the assessment order dated 04/12/2008 for the Assessment Year 2006-07. Thereafter the petitioner assessee was served with the show cause notice under Section 12AA(3) of the Income Tax Act stating the the activities carried out by the petitioner assessee were more of commercial nature resulting in commercial income. Director of Income Tax (Exem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee has preferred the present Special Civil Applications under Article 226 of the Constitution of India challenging the impugned notice under Section 148 of the Income Tax Act and also challenging the reassessment proceedings for the Assessment Years 2005-06 and 2006-07. [4.0] Shri S.N. Soparkar, learned Senior Advocate has appeared on behalf of the petitioner assesee and Shri Manish Bhatt, learned Senior Advocate has appeared on behalf of the revenue. [5.0] At the outset, it is required to be noted that by way of these petitions the common petitioner assessee has challenged the impugned notices under Section 148 of the Income Tax Act by which the Assessing Officer has sought to reopen the assessment for the Assessment Years ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt for the Assessment Years 2005-06 and 2006-07 cannot be further sustained and the same deserves to be quashed and set aside as the cause and the grounds to reopen the assessment for the Assessment Years 2005-06 and 2006-07 do not exist. [6.0] In view of the above and for the reasons stated hereinabove, both these petitions succeed. The impugned notice under Section 148 of the Income Tax Act to reopen the assessment for the Assessment Years 2005-06 and 2006-07 and the impugned reassessment proceedings for the Assessment Years 2005-06 and 2006-07 are hereby quashed and set aside. Rule is made absolute to the aforesaid extent in each of the petitions. However, in the facts and circumstances of the case, there shall be no order as to costs ..... X X X X Extracts X X X X X X X X Extracts X X X X
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