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TMI Blog2025 (4) TMI 1364X X X X Extracts X X X X X X X X Extracts X X X X ..... titions the issue involved is common and therefore, by consent of the parties, they are being disposed of by a common order. We take the lead matter in Writ Petition No. 1233 of 2016 for assessment year 2008-09. 3. The reasons recorded in reopening the case for assessment year 2008-09 are read as under : The information was received from Dy. CIT 28(3), Mumbai that the assessment in the case of M/s Sai Shirdi Constructions for A.Y. 2011-12 was completed on 27.03.2014. The assessee is into the business of building constructions. The assessee was constructing a project named "Sai Saakshaat" Plot No 9, Sector 6, Near Regency Gardens, Kharghar, Navi Mumbai. A total of four wings of 15 floors each housing 232 flats were to be constructed consi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... our years from the end of the relevant assessment year. 6. In the reasons recorded, it is alleged that the Petitioner has received cash for sales relevant to assessment year 2008- 09 to the tune of Rs. 82,16,705/- as per the assessment order 2011-12, which have not been shown by the assessee in return of income for assessment year 2008-09 and therefore, the case is reopened. 7. On a perusal of the assessment order dated 27 March 2014 for assessment year 2011-12, an addition of Rs. 8,83,43,028/- is made on the ground of alleged cash received on sale of flat. The breakup of said amount of Rs. 8,83,43,028/-can be found in the assessment order at internal page 9 to 12 and Writ Petition memo page No. 81 to 83. 8. The breakup Rs. 82,16,700/- w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... asis.
11. On this short point itself since there could not have been any reasons to believe that the income has escaped assessment for assessment year 2008-09 after having the said amount added in assessment year 2011-12 prior to the impugned proceedings, the present impugned notice under Section 148 dated 27 March 2015 is hereby quashed and set aside.
12. Both the parties agreed that the facts and issue involved in Writ Petition No. 102 of 2016, for assessment year 2009-10, being identical, adopting the above reasoning we set aside the reopening notice under Section 148 for assessment year 2009- 10 dated 27 March 2015.
13. Rule is made absolute in the above terms. Both the Petitions are disposed of. X X X X Extracts X X X X X X X X Extracts X X X X
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