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TMI Blog2024 (10) TMI 104X X X X Extracts X X X X X X X X Extracts X X X X ..... 22. 2. By this Common Order, both the writ petitions are being disposed of. 3. The petitioner has challenged the Impugned Notice dated 29.03.2021 issued by the second respondent under Section 148 of the Income Tax Act, 1961 (hereinafter referred to as the 'Act') for the Assessment Year 2017-2018 and the Impugned Order bearing DIN & Letter No: ITBA/AST/F/142(1)/2021- 2022/1040014376(1) passed by the first respondent on 22.02.2022. 4. The specific case of the petitioner is that the assessment was completed earlier on 17.12.2019 under Section 143(3) of the Act wherein, the claim of the petitioner in respect of bad debts and advance written off were not disturbed. 5. It is submitted that the petitioner was also issued with a notice ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . A specific reference was made to Paragraph 7 wherein, the Court held as under:- "7. In the facts of the present case, there is nothing new which has come to the notice of the revenue. The accounts had been furnished by the Petitioner when called upon. Thereafter, the assessment was completed under Section 143(3) of the Income Tax Act. Now, on a mere relook, the officer has come to the conclusion that the income has escaped assessment and he is of course justified in his analysis. In our view, this is not something which is permissible under the proviso to Section 147 of the Income Tax Act which speaks about a failure on the part of the assessee to make a proper return. In the present case, no such case is made out on the record." 11. I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e to the notice dated 30.11.2019 issued under Section 142(1) of the Act, wherein, the petitioner was called upon to furnish the following details:- "Sir/Madam/M/s. In connection with the assessment for the assessment year 2017-18 you are required to: a) Furnish or cause to be furnished on or before 03/12/2019 at 10:30 AM the accounts and documents specified overleaf. b) Furnish and verified in the prescribed manner under Rule 14 of IT Rules 1962 the information called for as per annexure and on the points or matters specified therein on or before 03/12/2019 at 10:30 AM. c) The above mentioned evidence/information is to be furnished online electronically in 'E-Proceeding' facility through your account in 'e-filing' ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re of Service rendered. 5. Details of exempt income & reasons as to why 14A disallowance should not be made. 6. Provide fixed asset schedule for A.Y. 2016-17 & ? .?.2017-18 & reasons for difference in closing FDV of A.Y 2016-17 opening WDV of A.Y. 2017- 18. The above details may be filed on or before 03.12.2019. 17. These information's were furnished by the petitioner by a detailed note on 09.12.2019. Therefore, it is clear that the reasons given for reopening the assessment is inspired from change of opinion by the Assessing Officer. 18. Therefore, there is no merits in the Impugned Notice dated 29.03.2021 and the Impugned Order dated 22.02.2022 for the Assessment Year 2017-2018. These writ petitions deserve to be allowed and are t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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