2018 (3) TMI 670

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....ER P. C. 1. Heard. 2. Rule. 3. This Petition challenges notice dated 28th March 2017 issued by the Assessing Officer - Respondent No.1 under Section 148 of the Income Tax Act, 1961 (the Act). The impugned notice seeks to re-open the Petitioner's assessment for Assessment Year 2010-11. The regular assessment proceedings were completed on 31st January 2013 under Section 143(3) of the Act. Th....

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.... Year leading to an order dated 31 January 2013 under Section 143 (3) of the Act, specific queries were raised with regard to the Respondent's claim for benefit under Section 80(IB) (10) of the Act in regard to the size of the flats and on verification it was found in excess of 1,500 square feet per flat. We also note that in the subsequent Assessment Year i.e. AY 2011-12, the Assessing Office....

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....ons which in turn rely upon the valuer's report. We find that the valuer's report itself indicates that if overhead terraces on the ninth floor and on the first floor, if included then the area of some of the flats would be in excess of 1,500 square feet each. 5. Prima facie, the reasons recorded in support of the notice shows that the Assessing Officer has not applied his mind independen....