2026 (9) TMI 53

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....izen aged 91 years. The dispute in this writ petition pertains to the assessment year 2015-16, relevant to the financial year 2014-15. Admittedly, during the relevant financial year relevant to the assessment year, the petitioner had a long-term capital gain as regards certain property which had been acquired under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, 'the Act'). It is also not in dispute that while filing the return of income for the assessment year 2015-16, the petitioner had disclosed the long-term capital gain as above, as evidenced by Ext.P1 Income Tax return. It is also not in dispute that the return at Ext.P1 has been processed as ....

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.... point out that noticing the judgment of this Court as above, the petitioner has also amended the writ petition seeking to challenge Ext.P2 intimation issued under Section 143 of the Act. 5. Per contra, Sri. Cyriac Tom, the learned Standing Counsel for the Income Tax Department, would contend that the order at Ext.P6 impugned in this writ petition has been rightly issued since the intimation at Ext.P2 is final, and the return could not be permitted to be revised at this distance of time. He also sought to rely on the Division Bench judgment of the Delhi High Court in Commissioner of Income Tax v. jai Parabolic Springs Ltd.[(2008) 306 ITR 42]. 6. I have considered the rival submissions as well as the connected records. 7. The facts ....