2018 (2) TMI 1536

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....vidual. For the assessment year 201213, the petitioner had filed the return of income disclosing total income of Rs. 1.22 crores (rounded off). This comprised of a long term capital gain arising out of sale of immovable property besides other sundry incomes. The return was taken in scrutiny by the Assessing Officer, during which, the Assessing Officer examined the transaction of sale of agricultural land of the petitioner situated at Hathijan which led to the assessee earning capital gain. The Assessing Officer passed order of assessment under section 143(3) of the Act on 19.01.2015. In such order, the Assessing Officer made no change in the petitioner's declaration of capital gain. 4. To reopen such assessment, the Assessing Officer....

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....ioner raised objections to the notice of reopening under a communication dated 13.09.2017. Such objections were rejected by the Assessing Officer on 18.09.2017. Hence, this petition. 6. Appearing for the petitioner, counsel Shri Darshan Patel raised following contentions: I. The entire issue was scrutinized by the Assessing Officer during the original assessment proceedings. Any attempt on his part to make any changes in the order of assessment would amount to a change of opinion. II. The issue was raised by the Assessing Officer at the instance of the audit party, without there being any conviction on his part that income chargeable to tax has escaped assessment. III. Even otherwise, the reasons recorded by th....

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....ENT Please note that I had purchased above land by registered agreement of sale (Purchase) Banakhat for Rs. 80816 + expenses and total payment made by me through cross account payee cheque of Rs. 81000/but due to one reason or other the selling farmers had not executed final sale deed therefore the seller farmers namely Dhanabhai Prajapati and Bhalabhai Prajapati had prepared a registered will and the same was inherited through registered will infect I had purchased the above agricultural property for Rs. 81000/and possession was also taken at that time after Banakhat and after taking possession I had incurred expenses for improvement of above land and total expenses were incurred by me were Rs. 5,09,000/in financial year 198788 fo....