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TMI Blog2020 (10) TMI 143X X X X Extracts X X X X X X X X Extracts X X X X ..... of reassessment proceedings; and the second ground is against the decision of ld. CIT(A) that the reopening was based on mere change of opinion and hence, the order was bad in law. 3. Succinctly, the facts of the case are that scrutiny assessment was done u/s.143(3) of the Income-tax Act, 1961 (hereinafter also called 'the Act') on 14-12-2011 determining total income at Rs. 2,27,120/- wherein deduction u/s.80IB(10) was allowed at Rs. 10,79,27,366/-. There was change of jurisdiction and change of incumbent. The new AO initiated reassessment proceedings by means of a notice u/s.148 dated 10-03-2014. As per the reassessment order, the assessee did not raise any objection against the reassessment proceedings and vide letter dated 27-05-2014 r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 5. The second ground is about the quashing of reassessment on the basis of change of opinion. The case was taken up under scrutiny under Computer Aided Scrutiny Selection (CASS) to examine the claim of deduction under Chapter VI-A of the Act. The AO proceeded accordingly to examine the claim of deduction u/s.80IB(10) in the original assessment proceedings by obtaining necessary documents from the assessee. The documents that specifically find mention in the assessment order are the Audit Report in Form No.10CCB, Commencement Certificate, Completion Certificate along with Ledger, Cash Book, Bank Book, Bills and Vouchers etc. From the Commencement Certificate, the AO observed that the date of approval by the competent authority was 30-09-2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of land into non agricultural. In the second order, there was no plan for several buildings and hence it was the third plan dated 21-11-2008 which is relevant to the claim of deduction u/s.80IB(10) of the Income-tax Act. Further on verification of the Form No.10CCB it is seen that the date of commencement of the building is given as 13-04-2006 on this date the land was agricultural land on which housing project could not be started. In view of the above it is clear that the assessee has violated the provisions of section 80IB(10) of the Income tax Act and therefore, I have reasons to believe that income of Rs. 10,77,48,506/- has escaped assessment within the meaning of section 147 of the Income tax Act. Therefore, notice u/s.148 shoul ..... X X X X Extracts X X X X X X X X Extracts X X X X
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