9911796707
TMI Blog2022 (1) TMI 377X X X X Extracts X X X X X X X X Extracts X X X X ..... Petitioner is impugning a notice dated 27/03/2019 issued under section 148 of the Income Tax Act, 1961 (hereinafter referred to as 'the Act'), subsequent order dated 19/11/2019 disposing petitioner's objections to the impugned notice and the Assessment Order and notice of demand dated 09/12/2019. As regards Assessment Order and notice of demand, the same was passed without waiting for the mandat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 19/11/2019 will also get set aside. 3. Petitioner had filed its return of income on 19/11/2014 for AY 2012- 2013 declaring total income of Rs. 39,50,776/-. The case was selected for limited scrutiny under Computer Aided Scrutiny Selection (CASS) and the assessment was completed under Section 143(3) of the Act on 27/01/2015 determining the assessed income at Rs. 40,10,780/-. 4. On 27/03/201 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... show that there was failure on the part of petitioner to truly and fully disclose material facts. At the same time, the Assessing Officer cannot re-open an assessment merely on the basis of change of opinion. But in the reasons to believe in the present case, we do not find even a single ground which can be considered to be tangible basis for re-opening the assessment or conclude that there has be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... % profit sharing ratio. Form No.3CD also indicates that a sum of Rs. 1,94,826/- has been paid as interest to Dhansukh Nanda (HUF). These materials were on the face of a document available before the Assessing Officer who passed the original Assessing Order dated 27/01/2015. Mr. Walve states that in the original Assessment Order, there is no mention about Dhansukh Nanda HUF and therefore it is like ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mplied with provisions of Section 184 of the Act is correct. 7. For reasons aforesaid, Petition is allowed in terms of prayer clause (a) which reads as under :- " (a) that this Hon'ble Court may be pleased to issue a Writ of Certiorari or a Writ in the nature of Certiorari or any other appropriate Writ, Order or direction, calling for the records of the Petitioner's case and after going ..... X X X X Extracts X X X X X X X X Extracts X X X X
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