TMI Blog2020 (10) TMI 143X X X X Extracts X X X X X X X X Extracts X X X X ..... t the reassessment is valid and not whether or not any objection was taken by the assessee before the AO. It will be seen hereinafter that the ld. CIT(A) rightly quashed the reassessment as having been initiated on the basis of change of opinion only. This ground is, therefore, dismissed. Reassessment on the basis of change of opinion - 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 - claim of deduction u/s.80IB(10) - HELD THAT:- It is evident from the reasons recorded by the AO that the initiation of reassessment proceedings was premised on the fact that the commencement took place at a date in variance with the one stated by the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessment order to be bad in law despite the fact that no objection was raised by the assessee in the course 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 ₹ 2,27,120/- wherein deduction u/s.80IB(10) was allowed at ₹ 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uashed the reassessment as having been initiated on the basis of change of opinion only. This ground is, therefore, dismissed. 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 Vo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rit Samooh Grihbandhani (i.e. revised plan for several buildings). Thus it is seen that the first order of the collector is conversion 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 belie ..... X X X X Extracts X X X X X X X X Extracts X X X X
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