9911796707
TMI Blog2025 (1) TMI 1299X X X X Extracts X X X X X X X X Extracts X X X X ..... MR. JUSTICE D.N. RAY Appearance: For the Petitioner(s) No. 1: Ms Nupur D Shah (10233). For the Respondent(s) No. 1: Ms Maithili D Mehta (3206). ORAL ORDER (PER : HONOURABLE MR. JUSTICE BHARGAV D. KARIA) 1. Heard learned advocate Ms. Nupur D. Shah for the petitioner and learned Senior Standing Counsel Ms. Maithili D. Mehta for the respondent. 2. Rule returnable forthwith. Learned Senior Standing Counsel Ms. Maithili D. Mehta waives service of notice of rule on behalf of the respondent. 3. Having regard to the controversy in narrow compass and with the consent of learned advocates for the respective parties, this petition is taken for final hearing. 4. By this petition under Article 226 of the Constitution of India, the petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... does not commensurate with such huge investment made by the assessee. Hence, income to the tune of Rs.6,00,00,000/- has escaped assessment and is required to be taxed. Therefore, amount of Rs.6,00,00,000/- is required to be added to the total income to the assessee." 6. The brief facts of the case are that: 6.1 The petitioner filed the return of income for the year 2016- 17 through electronic media on 25.07.2016 declaring total income of Rs.13,98,440/- for A.Y. 2016-17. Thereafter, the notice under section 143(2) of the Act dated 05.07.2017 was issued calling upon the petitioner for limited scrutiny upon two questions, i.e. whether capital gains / loss on sale of property has been correctly shown in the return of income or not; and (ii) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n spite of the fact that the same was duly considered in the regular assessment proceedings while passing the order under section 143 (1) of the Act. 7. Considering such facts, it is apparent that the impugned notice and the reasons recorded on the basis of the same facts which were already considered during the regular assessment proceedings are nothing but a mere change of opinion by the respondent Assessing Officer to reopen assessment ignoring the details and the replies filed by the petitioner available on record. 8. In view of the above facts, the petition succeeds and is accordingly allowed. The impugned notice dated 31.03.2021 issued under section 148 of the Act for reopening of the Assessment Year 2016-17 is hereby quashed and se ..... X X X X Extracts X X X X X X X X Extracts X X X X
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