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TMI Blog2010 (10) TMI 494X X X X Extracts X X X X X X X X Extracts X X X X ..... ment was not disturbed, even after calling for the details u/s 143(2) of the Act - Despite the fact that there being an evidence on record which was not considered and under that misconception, the notice for reopening was issued, therefore, of the view that there is no basis for reopening of the assessment and even reasons recorded by him are not sufficient to reopen the assessment which is framed after considering all the relevant materials on record - Therefore, quash and set aside the notice issued for reopening of the assessment - Decided in favour of assessee. - 1794 OF 2000 - - - Dated:- 18-10-2010 - K.A. PUJ AND MS. HARSHA DEVANI, JJ. J.P. Shah and Manish J. Shah for the Petitioner. Manish R. Bhatt and Mrs. Mona M. Bhatt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e petitioner and Gujarat Electricity Board, in respect of the said boiler. The petitioner gave its reply on 12-1-1998 annexing therewith the lease agreement with Gujarat Electricity Board. The said agreement states that the lease was in the nature of sale and lease back. The petitioner corporation purchased 140 MW capacity boiler from Gujarat Electricity Board at total cost of Rs. 20,00,00,000. Copy of the invoice raised by the Gujarat Electricity Board was annexed along with the said letter. Since the lease was in the nature of sale and lease back, question of delivery did not arise. It is also stated in the said letter that boiler was installed and put to use from 31st March, 1995. The petitioner has also produced the confirmation receive ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of reasons recorded is attached. 8. Mr. J.P. Shah, learned counsel appearing for the petitioner has submitted that after detailed inquiry, the claim of the petitioner was allowed and hence there is no question of reopening of assessment. He has further submitted that reasons recorded are also vague and while recording reasons the Assessing Officer has not even seen the evidence which are on record. He has pointed out that though he has referred to the letter dated 10-9-1997 and Annexure-B attached with the said letter, he has not considered the reply filed by the petitioner on 12-1-1998 along with which the necessary proof for installation of boiler was attached. This fact has not been taken into consideration and has issued notice for r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 35D, amounting to Rs. 3,03,704. He has also referred to in the assessment order that the return was processed under section 143(1)(a) of the Act, without making any prima facie adjustment. The Assessing Officer has further observed that in response to the notice under section 143(2) necessary details were filed and thereafter he has framed the assessment. Since the claim of the petitioner was accepted under section 143(1)(a) of the Act, the said assessment was not disturbed, even after calling for the details under section 143(2) of the Act. The Assessing Officer has formed his opinion at the time of framing the original assessment. 11. Even otherwise, the Assessing Officer has not considered the materials available on record. He has ..... X X X X Extracts X X X X X X X X Extracts X X X X
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