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TMI Blog2024 (3) TMI 1409X X X X Extracts X X X X X X X X Extracts X X X X ..... essment for A.Y. 2010-11. The reasons in support of the impugned notice as communicated to the petitioner is on the basis that the provision for warranty made by the petitioner was not made on a scientific basis and reliance was placed upon the provisions made in the earlier assessment years. 3. During the course of assessment proceedings leading to an order dated 29th March, 2014 passed under Section 143(3) of the Act, the Assessing Officer had by communication dated 3rd December, 2013 called for specific details with regard to provision for warranty of Rs. 8.55 crores made by the petitioner. This on the ground that the same was on the basis of estimates and hence could not be allowed as a deduction. Further information was also so ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce upon the decision of this Court in Export Credit Guarantee Corporation of India v/s. Additional Commissioner of Income tax and others 350 ITR 651 to submit that where an Assessing Officer has overlooked or ignored in his assessment order the issue which arose for consideration during the assessment proceedings, it cannot be deemed that the Assessing Officer has accepted what has been overlooked or ignored in the assessment order. However, in the aforesaid case (within a period of four years from the end of the assessment year as in the present case) no query was raised by the Assessing Officer on the issue on which the assessment was sought to be reopened during the course of assessment proceedings. 5. In the present case, a query wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en issued purely on the basis of 'change of opinion', which cannot be sustained. Consequently, the Rule issued on 4th May, 2016 is made absolute in terms of prayer clause (A), which reads as under: "(A) that this Hon'ble Court may be pleased to issue a writ of Certiorari or a writ in the nature of certiorari or any other appropriate writ, order or direction under Article 226 of the Constitution of India calling for the records of the Petitioner's case and, after examining the legality and validity of the impugned notice dated March 31, 2015 issued under section 148 of the Act (being Exhibit -O hereto) and the impugned order dated February 17, 2016 (being Exhibit - S hereto) quash and set aside the same;" 5. Petition disposed. No costs.< ..... X X X X Extracts X X X X X X X X Extracts X X X X
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