9911796707
TMI Blog2021 (3) TMI 1330X X X X Extracts X X X X X X X X Extracts X X X X ..... common judgment and order. 2. By filing these writ applications under Article 226 of the Constitution of India, the writ applicant seeks to challenge the notice dated 20.2.2019 issued by the respondent under Section 148 of the Income Tax Act, 1961 (for short, 'the Act') seeking to reopen the applicants income tax assessment for the A.Y. 2012-13. 3. Brief facts of the present case are as under: 3.1 Both the writ applicants namely Bankim Chauhan and Dipak Chauhan are the real brothers. They had sold their immovable property valued at Rs. 64,00,000/- on 27.06.2011 by way of the registered sale deed. Both the brothers received equal share and accordingly an amount of Rs. 32,00,000/- credited in their bank accounts. Both the writ applicants f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ning of the assessment. The respondent rejected the objections raised by the writ applicants vide letter dated 19.07.2019. For the sake of convenience, the reasons recorded in case of Bankim Chauhan (SCA No. 14021 of 2019) is considered, which reads as under:- "2. The reasons recorded for reopening the assessment for AY 2012-13 is as under:- 1. The assessee is an individual. The address as per ITBA is 62/1, Shailesh Park Society, Chhapra, Navsari. The PAN of assessee is AAHPC5796G. 2. Information made available with this office reveals that assessee alongwith another 2 co-owner have sold immovable property on 27.6.2011 for total consideration of Rs. 64,00,000/-. There are 2 persons involved in the transaction. Accordingly, essessee's ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . However, the assessee has not responded to this opportunity. 7. In view of the above, the assessee's case falls within the explanation 2(b) of the section 147 of the I.T. Act, i.e. "where a return of income has been furnished by the assessee but no assessment has been made and it is noticed by the Assessing Officer that the assessee has understated the income or has claimed excessive loss, deduction, allowance or relief in the return,"As such, I have a reason to believe that an amount of Rs. 20,71,9651/- out of sale proceeds of property as stated above, has escaped assessment in the hands of the assessee for the year under consideration. I am satisfied that the case of the assessee is a fit case for action u/s 147 of the Act by reason o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... set aside. (c) It was submitted that the entire exercise of reopening under Section 147/148 is in violation of settled proposition of law since the same reflects mere change of opinion on the part of the Assessing Officer. In this regard, it was submitted that in pursuance of the query letter, the writ applicants had furnished detailed reply along with documents like copy of ledge accounts of construction in respect of cost of improvement and also submitted bank passbook showing the invoices in specified security of National Highway Authority of India for claiming deduction under Section 54 of the Act. After submitting the reply and documents, the Assessing Officer did not raise any further queries, as he satisfied with the compliance mad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant Commissioner of Income tax (no.2); 6. In view of the aforesaid contentions, Mr. Darshan Patel, the learned advocate submitted that the reopening of the assessment for the AY 2012-13 is without jurisdiction and hence, notices deserve to be quashed and set aside. 7. On the other hand, the learned Standing Counsel Mrs. Kalpana Raval, appearing for the revenue has vehemently opposed the writ applications contending that the Assessing Officer has justified to reopen the assessment as the assessee failed to submit the necessary supporting evidence with regard to claim of cost of acquisition, cost of improvement and deduction claimed under Section 54 of the Act. Thus, in absence of any explanation on the part of the assessee, the Assessing O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ue had called for details with regard to claim of cost of acquisition, cost of improvement and claim under Section 54 of the Act and in pursuance of said letter, both the assessee had furnished necessary details vide letter dated 20.03.2019. It is the case of the revenue that on 19.03.2019, the reasons for reopening of the assessment had been recorded, whereas, the reply along with details had been received to their office on 22.03.2019. Under such circumstances, the day when reasons for reopening were recorded, no any details as called for were supplied by both the assessee. 11. After close scrutiny of the correspondence made between the assessee and revenue, we are of the view that the stand of the revenue with regard to non-filing of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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