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TMI Blog2021 (3) TMI 901X X X X Extracts X X X X X X X X Extracts X X X X ..... to quash and set aside the impugned notice dated 15.12.2017 under section 148 of the Income-Tax Act, 1961 annexed hereto at Annexure-D along with objection rejection order dated 17.08.2018 annexed hereto at Annexure-H for proceeding and completing Reassessment proceedings. (B) Pending admission, hearing and disposal of this petition, ad-interim relief be granted and the Respondent be ordered to restrain from enforcing compliance of the impugned notice dated 15.12.2017 under section 148 of the Income-Tax Act, 1961 annexed hereto at Annexure-D and/or taking any other steps in this regard including reassessment order or implementation of objection rejection order dated 17.08.2018 Annexure-H and further notices issued for purpose of reasses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eligible for deduction u/s.35 (2AB). 3. it is further noticed that Rs. 54,83,086/- (Rs. 2,73,88,086 claimed by assessee less Rs. 2,19,05,000 admitted by DSIR) u/s. 35(2AB) was disallowed during the assessment proceeding. Therefore, the total deduction allowed to assessee u/s. 35 of the Act was of Rs. 5,31,84,533/- (Rs. 2,83,53,871 + 29,25,662 + 2,19,05,000). 2.2 The total deduction allowable was of Rs. 4,38,10,000/- being 2 times of expenditure of Rs. 2,19,05,000 approved by DSIR. As total revenue expenditure was of Rs. 2,83,53,871/- and total capital expenditure was of Rs. 29,25,662 on R & D as per P/L, Balance sheet and submission of assessee and also stipulation that expenditure under any sub-section of section 35 cannot be claime ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of mere change of opinion. According to her, something tangible has come to the notice of the Assessing Officer of which cognizance at the relevant point of time was not taken and, therefore, the reopening though beyond the period of four years in a case of scrutiny assessment. 8. 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. 9. In the overall view of the matter, we are convinced that the impugned ..... X X X X Extracts X X X X X X X X Extracts X X X X
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