9911796707
TMI Blog2014 (4) TMI 537X X X X Extracts X X X X X X X X Extracts X X X X ..... r. Km Parikh, Adv. JUDGMENT (Per : Honourable Mr. Justice Akil Kureshi) 1. Petitioner has challenged notice for reopening dated 25.3.2014 as at Annexure-H to the petition in the following factual backgrounds:- 2. The petitioner as an individual, for the assessment year 2008-09 filed his return of income on 3.3.2009 showing total income of Rs.4,43,830/-. During the period relevant to the asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he firm as also capital gain. It is this scrutiny assessment the respondent desired to reopen for which impugned notice within the period of 4 years from the end of relevant assessment year came to be issued. The petitioner was supplied the reasons recored by the assessing officer for issuing such notice which reasons read as under:- "In this case, you have filed its return of income on 03.03.200 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g officer, therefore, in the reasons recorded has made wrong reference to the said section. 5. The objections of the petitioner were disposed of by the assessing officer on 16.12.2013. In such order he did not deal with the petitioner's pointed contention that his claim for exemption from payment of capital gain fell under section 54 and not 54E of the Act. 6. On the basis of documents on record ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pographical error and the intention was to refer to section 54 of the Act, we are of the opinion that such stand is wholly incorrect. Had this been a case of mere typographical error, we would have ignored the mistake and referred to the correct statutory provision. The fact that reference under section 54E was however, not an error is manifest from the reasons recorded. It referred to the require ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vision for breach of condition therein therefore simply did not arise. It is well settled that notice for reopening has to be sustained and supported only on the basis of reasons recorded by the assessing officer and not with the help of extraneous ground, material or possible improvement. Reference in this respect can be made to the decision of this Court in the case of Aayojan Developers vs. Inc ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
