TMI Blog2024 (3) TMI 736X X X X Extracts X X X X X X X X Extracts X X X X ..... 5/-. Petitioner had also claimed Rs. 3,29,91,090/- as refund and an assessment order accepting the return of income has been passed u/s 143(3) of the Act. Moreover, the assessment order referred to in the reasons is dated 25th December 2018, whereas the assessment order in the case of Petitioner was passed on 27th December 2018. In Paragraph No. 4 of the reasons, the AO says In this case, more than four years have lapsed , whereas it is less than four years. No affidavit-in-reply has been filed opposing the petition though till date enough opportunity since 11th April 2022 was given to file reply. We agree with Petitioner that the reasons recorded are based on incorrect facts. We also agree that no attempt has been made to deal with these e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, Respondent No. 3 is the National Faceless Assessment Centre ( NFAC ), Delhi and Respondent No. 4 is the Union of India. 3. Petitioner filed its return of income on 29th November 2016 for Assessment Year ( AY ) 2016-2017 declaring total income of Rs. 24,19,30,640/- and a tax liability of Rs. 6,21,47,815/-. Against this liability, a credit of tax deducted at source of Rs. 7,76,38,841/- and of advance tax of Rs. 1,75,00,000/- was claimed. Petitioner sought a refund of Rs. 3,29,91,090/-. 4. Petitioner s case was selected for scrutiny assessment by Respondent No. 1. During the course of assessment proceedings, Petitioner was called upon to furnish various details/information/documents. Petitioner responded and finally an assessment order date ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y during the assessment proceedings for the year under consideration, thereby necessitating reopening u/s 147 of the Act. 4. In this case more than four years have lapsed from the end of assessment year under consideration. Hence necessary sanction to issue notice u/s 148 of the Act has been obtained as per the provisions of Section 151 of the Income Tax Act, 1961. You can file your objection by 30.11.2021. 6. Petitioner filed objections to the reopening, which came to be dismissed by an order dated 17th January 2022. 7. Mr. Kapadia submitted that : a) The reasons recorded and the order on objections, which is impugned in the petition along with the notice to reopen, displayed total non-application of mind on the part of AO. b) The facts me ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rors in the reasons recorded, he has made further mistakes inasmuch as the order on objections refers to reopening of assessment on the basis of determining deduction claimed under Section 35(2AB) of the Act and that does not even find a mention in the reasons recorded for reopening. 8. No affidavit-in-reply has been filed opposing the petition though till date enough opportunity since 11th April 2022 was given to file reply. 9. We agree with Mr. Kapadia that the reasons recorded are based on incorrect facts. We also agree with Mr. Kapadia that no attempt has been made to deal with these errors in the order on objections and the order on objections in fact has more errors. All these indicate total non-application of mind and certainly adver ..... X X X X Extracts X X X X X X X X Extracts X X X X
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