9911796707
TMI Blog2021 (3) TMI 901X X X X Extracts X X X X X X X X Extracts X X X X ..... me was not taken and, therefore, the reopening though beyond the period of four years in a case of scrutiny assessment. We are not convinced with the case put up by the Revenue for the purpose of opposing this writ application. There is one another good ground to allow this writ application. It is evident on plain reading of the order dated 17th August, 2018, disposing of the objections, that the same is not a speaking order. Not a single objection raised by the Assessee has been even prima facie dealt with. We are convinced that the impugned notice for reopening is not sustainable in law. - R/SPECIAL CIVIL APPLICATION NO. 14840 of 2018 - - - Dated:- 17-3-2021 - HONOURABLE MR. JUSTICE J.B.PARDIWALA And HONOURABLE MR. JUSTICE ILESH J. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The reasons assigned for reopening of the assessment are as under; The assessee has filed its return of income for A.Y. 2012-13 on 28.09.2012 declaring income of ₹ 1,50,57,760/-. The case was selected for scrutiny and order u/s. 143(3) passed on 27.03.2015 determining total income of ₹ 2,38,27,380/-. 2. On perusal of the case record, it is seen that the assessee has made revenue expenditure of ₹ 2,83,53,871/- and capital expenditure of ₹ 29,25,662/- on research and development. In computation of income, assessee added back revenue expenditure of ₹ 2,83,53,871/-. Thereafter, assessee claimed this revenue expenditure of ₹ 2,83,53,871/- u/s.35(1)(i). The assessee claimed capital expenditure of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct. However, the assessee had claimed deduction of ₹ 5,31,84,533/- which was incurred. Hence, excess deduction was allowed to the assessee, which resulted in under assessment of income to the tune of ₹ 93,74,533/- (5,31,84,533 + 4,38,10,000) 3. In view of the above, I have reason to believe that the income chargeable to tax has escaped assessment to the tune of ₹ 93,74,533/- on account of excess relief granted to the Assessee. Therefore, I am satisfied that it is a fit case for reopening the case u/s.147 of the I.T. Act read with explanation 2C . 4. To the aforesaid reasons, the assessee lodged his objections in details vide communication dated 3 rd August, 2018. 5. The objections raised by the assessee, refe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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