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TMI Blog2019 (8) TMI 1133X X X X Extracts X X X X X X X X Extracts X X X X ..... ion raised by the Petitioner vide letter dated 7th May, 2019 addressed to the AO, the Petitioner clearly stated that the case was processed u/s 143(1) disallowing the deduction claim u/s 80IA(4)(iv)(a) of ₹ 1,24,04,182/- and demand of ₹ 42,83,943/- has been raised. There is an obvious non-application of mind by the AO to the above fact. If indeed the above deduction claimed by the Pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ingh, Senior Standing Counsel, accepts notice for the Respondents. With the consent of parties, the writ petition is heard finally. 3. This is a writ petition seeking a direction to the Respondents to set aside the impugned notice dated 26th March 2019 issued under Section 148 of Income Tax Act, 1961 (Act) which seeks to reopen the assessment of the Petitioner for the Assessment Year (AY) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s Annexure-P5 to the petition. The relevant row in the said intimation as regards deductions under Chapter IV-A is row No.12. There are four columns in this row. The third column is titled as as provided by tax payer in return of income and the last column is titled as computed under Section 143(1) . It is seen that while the Petitioner has claimed ₹ 1,24,04,182/- in the third column, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ioner was not allowed in the first instance, and the intimation sent to the Petitioner under Section 143(1) of the Act indicated this, then the question of any income escaping assessment on that score did not arise. 7. In that view of the matter, the Court hereby sets aside the impugned notice dated 26th March 2019 issued by the AO and the consequential order dated 7th August 2019 rejecti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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