TMI Blog2021 (12) TMI 316X X X X Extracts X X X X X X X X Extracts X X X X ..... 30th March, 2004 has to be set aside. In the assessment order dated 30th January, 2004 the deduction claimed by petitioner have been disallowed and therefore question of any income escaping assessment also will not arise. Therefore, on the date when the impugned notice dated 30th March, 2004 was issued the Assessing Officer could not have any reason to believe that income chargeable to tax has escaped assessment u/s 148 of the Act. As noted earlier in the block assessment order dated 30th January, 2004 the deduction claimed under Section 80I, 80 HA and 80 IA of the Act had been disallowed. - WRIT PETITION NO. 178 OF 2005 - - - Dated:- 2-12-2021 - K.R. SHRIRAM AMIT B. BORKAR, JJ. Mr. P.J. Pardiwalla, Senior Advocate a/w Mr. Ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3 (1) of the Act on 16th December, 1999 without any adjustment. Later a notice under Section 148 of the Act was issued on 5th September, 2000 for reopening for the Assessment Year 1997-98. One of the reasons for reopening being interest of ₹ 80,69,288/- shown under Head Office ought to have been apportioned to all the units including Umbergaon Unit which has resulted in reduction of profit of Umbergaon Unit and consequential deduction under Section 80 IA of the Act would also be reduced. Petitioner s assessment was thus taken up for scrutiny and through the scrutiny of assessment Respondent No.1 called for various information. Petitioner complied with requirements of Respondent No.1 and taken a stand that the deduction under Section 8 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... k assessment order dated 30th January, 2004. 5. On 30th March, 2004 Respondent No.1 issued a notice under Section 148 of the Act which is impugned in this petition alleging that petitioner s income chargeable to tax for the Assessment Year 1997-98 had escaped assessment and called upon petitioner to file a return of its income within 30 days. 6. Mr. Pardiwalla brought to our notice the reasons for reopening issued and the reasons read as under : The Assessee himself has admitted during the course of Block assessment proceedings that the issue regarding the eligibility of deduction u/s 80HH/HHA/I/IA etc. are governed by the regular provision of the Act, not by the chapter XVIB of the IT Act. The claim under section 80HH/ HHA/I/IA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... income escaping assessment also will not arise. Therefore, on the date when the impugned notice dated 30th March, 2004 was issued the Assessing Officer could not have any reason to believe that income chargeable to tax has escaped assessment under Section 148 of the Act. As noted earlier in the block assessment order dated 30th January, 2004 the deduction claimed under Section 80I, 80 HA and 80 IA of the Act had been disallowed. 9. Moreover, under Section 158 BA (2) of the Act, there is a statutory bar prohibiting Respondent/Revenue from subjecting to tax income under regular assessment as the same has already been subjected to tax as block assessment under Chapter XVIB of the Act. We find support in the unreported order of this court i ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
