TMI Blog2022 (2) TMI 537X X X X Extracts X X X X X X X X Extracts X X X X ..... , the original Assessing Officer had the legal position with him but still proceeded to pass the assessment order. Therefore, this is a clear case of change of opinion which is not permissible - Decided in favour of assessee. - WRIT PETITION NO.1215 OF 2014 - - - Dated:- 10-2-2022 - K.R. SHRIRAM N. J. JAMADAR, JJ. Mr. Madhur Agrawal i/b. Atul Jasani, for the Petitioner Mr. Suresh Kumar, for the Respondents P.C.: Petitioner is impugning notice dated 18th March, 2013 issued under section 148 of the Income Tax Act, 1961 by which Respondent No. 1 has informed Petitioner that he has reason to believe that Petitioner's income chargeable to tax for assessment year 2008-2009 has escaped assessment within the meaning of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3] In the instant case the income was assessed at a loss of ₹ 23.09 crore after scrutiny assessment completed in December, 2010. Verification of records revealed that the assessee had carried forward of unabsorbed depreciation of ₹ 304818624/- pertaining to A.Y.s 1998-99 to 2000-01, though the same was lapsed with current assessment year i.e. A.Y.2008-09. (Year wise claim is detailed in the table below). This resulted in incorrect carried forward of losses of ₹ 304818624/- for future set off. A.Y. Unabsorbed 1998-1999 4,36,55,712 1999-2000 13,74,80,406 2000-2001 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he order 7 th June, 2019. When we are pointed this out to Mr. Suresh Kumar, Mr. Suresh Kumar in fairness agreed and also says that many Appeals of revenue had been withdrawn because of the settled legal position. 5. In the circumstances, Petition is allowed in terms of prayer clause (a) which read as under: (a) That this 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 (Exhibit E) and impugned order (Exhibit G) ..... X X X X Extracts X X X X X X X X Extracts X X X X
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