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TMI Blog2023 (3) TMI 482X X X X Extracts X X X X X X X X Extracts X X X X ..... error in law, perhaps, they could have taken recourse, at the appropriate time, to the provision of Section 263. We are of the view that the matter requires examination. Issue notice.Mr Agarwal accepts notice on behalf of the respondents/revenue. - W.P.(C) 930/2023 - - - Dated:- 25-1-2023 - HON'BLE MR JUSTICE RAJIV SHAKDHER AND HON'BLE MS JUSTICE TARA VITASTA GANJU For the Petitioner Through: Mr Sumit Lalchandani with Mr Salil Kapoor, Mr Tarun Chanana and Ms Ananya Kapoor, Advocates. For the Respondents Through: Mr Sunil Agarwal, Sr. Standing Counsel with Mr Pratyaksh Gupta, Jr. Standing Counsel for Mr Abhishek Maratha, Sr. Standing Counsel. O R D E R CM APPL. 3648/2023 1. Allowed, subject to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 143(2) of the Act are set forth hereafter: 2. This is in regard to Scrutiny Proceedings u/s 143(3) of the I.T.Act undergoing in your case pertaining to AY 2015-16. In this connection you are requested to furnish the following detail as under: (i) Please provide the computation of capital gain details of exemption claimed by you u/s 54F. (ii) Please provide details of the residential property purchased by the assessee at gurgaon. Kindly attach the agreement to sell and sale deed of the said property. (iii) Please provide details of the transfer expenses claimed by the assessee along with substantiating documentary evidences. 4.3. This particular communication i.e., notice, was responded to by the petitione ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ioned agreement to sell was executed between the petitioner and her husband, who since then, we are told, has expired. 6. The counsel for the petitioner says that this very transaction was also examined by the concerned Assessing Officer (AO) in respect of the return filed by the petitioner s husband. According to the counsel for the petitioner, the return was accepted after scrutiny. In this context, our attention is drawn to Annexure P-20, appended on page 236 of the case file. 7. The counsel for the petitioner has argued that the reassessment proceedings triggered against the petitioner are flawed for the following reasons: (i) First, the reassessment proceedings are based on an internal audit objection, whereas, at the relevan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .P.(C) 531/2023, titled Laveesh Bhandari v. ACIT Ors, as well. 9.1. Briefly, in the order dated 17.01.2023 passed in the said writ petition, we have taken note of the fact that the expression any audit objection was introduced only via Finance Act, 2022 albeit w.e.f. 01.04.2022. Prior to the said amendment, the expression which obtained in Explanation 1(ii) appended to Section 148 of the Act adverted to the Comptroller and Auditor General of India . 10. We are, prima facie, also of the view that if the AO, according to the respondents/revenue, had committed an error in law, perhaps, they could have taken recourse, at the appropriate time, to the provision of Section 263 of the Act. 11. We are of the view that the matter requir ..... X X X X Extracts X X X X X X X X Extracts X X X X
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