9911796707
TMI Blog2021 (12) TMI 514X X X X Extracts X X X X X X X X Extracts X X X X ..... A.Y.-2012-2013 alleging that petitioner's income chargeable to tax has escaped assessment within the meaning of Section 147 of the Act. Petitioner is impugning this notice as well as the order dated 21st September 2019 disposing petitioner's objections. As the notice under Section 148 of the Act has been issued after the expiry of 4 years from the end of the relevant assessment year and in this case, admittedly, assessment under Sub Section 3 of Section 143 of the Act has been made for the relevant assessment year, the onus is on respondents to show that petitioner's income chargeable to tax has escaped the assessment by reason of the failure on the part of petitioner to disclose fully and truly all material facts for the assessment of that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ome chargeable to tax under the said head. 5. Petitioner filed the return of income for A.Y.-2012-2013 on 23rd September 2012 declaring total loss of Rs. 10,80,19,428/- and later on 31st March 2014 petitioner filed revised return of income revising the loss of Rs. 10,41,09,240/- consisting of loss under the head "house property" of Rs. 3,20,99,528/- and business loss of Rs. 7,20,09,172/-. During the relevant year petitioner had disclosed gross rental income of Rs. 13,07,87,076/chargeable under the heads "income from house property" and income from other services as "business income" including common area maintenance charge of Rs. 9,90,65,830/-. 6. During the course of assessment proceedings, petitioner had received a notice dated 22nd May ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed 18th February 2015 containing detailed submission of petitioner. The Assessing Officer after considering all the submissions of petitioner passed the assessment order dated 30th March 2015 under Section 143(3) of the Act, noting that the assessee company is engaged in the business of constructing and running shopping mall called Phoenix Mall at Kanpur Road, Lucknow. The assessee company is showing its income of rent from shops under the head "income from house property" and income from other services mainly common area maintenance income, Electricity Income, Parking income etc. under the head "income from business and profession". During the year the assessee had disclosed rental income of Rs. 13,07,87,076/- and after claim of taxes, int ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... house property only." 8. According to the Assessing Officer, the amount of Rs. 9,37,75,539/shown as other service charges was for service inseparably connected with the letting out of the building by the assessee and the asseess was not running any separate business to account for these receipts as business receipts and, therefore, these receipts should be part of income from house property only. It is not the case whether petitioner has not disclosed any details. The figures and details are available not only in the return of income, profit and loss and balance sheet filed by petitioner but all these points have been raised and considered in the original assessment order passed. According to respondent no.1, independent field inquiries we ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uilding of the assessee is not acceptable. When on consideration of material fact one view is exclusively taken by the Assessing Officer it would not be open to re-open the assessment based on the very same material with a view to take another view. 10. In the circumstances, Rule is made absolute in terms of prayer clause (a) which reads as under: (a) That this Hon'ble Court be pleased to issue a writ of certiorari or any other writ order or direction under Article 226 of the Constitution of India calling for the records of the case leading to the issue of the impugned notice and passing of the impugned order and after going through the same and examining the question of legality thereof quash, cancel and set aside the impugned notice ..... X X X X Extracts X X X X X X X X Extracts X X X X
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