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TMI Blog2022 (10) TMI 459X X X X Extracts X X X X X X X X Extracts X X X X ..... ening of the assessment because the original functional material for the reopening was the assessment order passed by the learned Assessing Officer for A.Y. 2006-07 that has already been decided for 2006-07 in favor of the assessee. Therefore, as the order of the learned Assessing Officer for A.Y. 2006-07 ceased to exist, naturally, reopening made on that basis cannot survive. Therefore, on this g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rn of income declaring total income of ₹ 5,05,27,022/- on 29thSeptember 2018. Subsequently, the assessment under Section 143(3) of the Act, was passed on 30thDecember 2010, determining total income ₹9,69,31,939/-. Subsequently, notice under Section 143 of the Act was issued on 26thMarch 2014, wherein reason was recorded that assessee has claimed deduction under Section 80IB of the Act, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the assessee. ii. The acquisition of land though in the name of the assessee but as a person not in the name of the assessee, the real owner of the land is somebody else and therefore, assessee is not eligible for deduction. 04. Assessee gave detail answers to all these queries, however, the learned Assessing Officer rejected the same and passed an order under Section 143(3) read with sect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is aggrieved with that order and has preferred the appeal before us. 06. We have heard the rival contentions and perused the orders of the lower authorities. The ground of appeal raised by the learned Assessing Officer in the above appeal are as under: - 1. Whether on the facts and in the circumstances of the case and law, the Hon'ble ITAR is correct in allowing the claim under Sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ded the issue on merits of the case. He is merely quashed the reopening of the assessment because the original functional material for the reopening was the assessment order passed by the learned Assessing Officer for A.Y. 2006-07 that has already been decided for 2006-07 in favor of the assessee. Therefore, as the order of the learned Assessing Officer for A.Y. 2006-07 ceased to exist, naturally, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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