2022 (2) TMI 1302

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....-13 electronically on 09.07.2012, which were processed under section 143(1) of the Income tax Act, 1961. As far as the case of the appellant in WA.No.249 of 2022 is concerned, after scrutiny of the return of income, the respondent passed the assessment order dated 01.07.2014 under section 143(3) of the Act, making addition towards long term capital gain, to the extent of her 50% undivided share on sale of property in pursuance of the unregistered Joint Development Agreement dated 01.05.2007. With respect to the case of the appellant in WA.No.250 of 2022, the assessment was reopened and re-assessment order was passed on 03.04.2014 under section 143(3) r/w section 147 of the Act, making addition towards long term capital gain to the extent of....

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....ome based on the alleged escapement of long term capital gain income and also notices under section 271(c) for initiating the penalty proceedings. 2.Aggrieved over the orders of reassessment passed by the respondent, the appellants filed WP Nos.1604 and 1606 of 2020 to quash the same as illegal, without jurisdiction, barred by limitation and against the principles of natural justice. By order dated 30.11.2021, the said writ petitions were disposed of by the learned Judge, in the following terms: "13. Considering the same, the impugned orders are set aside and the matters are remitted back to the respondent to pass orders afresh on merits. The petitioners are directed to appear before the Competent Authority through Video Conferencing or ....

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....hange of opinion based on the records available in the assessment file; there is no new and tangible material available for reassessment; and that, there was no specific finding as regards the reasons to believe that the income had escaped assessment to tax. After having duly checked, verified, considered and scrutiny of necessary documents, assessment orders were passed not only for the assessment years 2008-09, 2009-10 and 2011-12, but also for the assessment year in question. Without considering these aspects, the learned Judge, instead of quashing the reassessment orders, remanded the matter to the assessing officer for fresh consideration, by the order impugned herein, which is arbitrary, illegal and against the settled principles of l....