Anand Developers v. ACIT (2020) 271 Taxman 44 (Bom.)(HC)

S. 147 : Reassessment-After the expiry of four years-Housing project-No failure to disclose material facts-Reassessment is held to be not valid. [S. 80(IB)(10)(f), 148, Art. 226]

Petitioner had submitted returns within prescribed period and assessment was completed u/s. 143(3) of the Act. After prescribed period of 4 years, reassessment notice was issued to petitioner on ground that there was non-compliance on part of petitioner with respect to provisions of section 80IB of the Act, insofar as disclosure of some of sales were concerned. The assessee challenged the reassessment proceedings by filing writ petition  and contended that  in course of assessment proceedings before Assessing Officer, it had itself submitted that a few flats might had been allotted to persons in violation of section 80IB(10)(f) of the Act. Allowing the petition the Court held that disclosures were made in relation to sale transactions and it was even suggested that some of sale transactions might not be compliant with provisions section 8IB(10)(f) and no details were submitted by revenue as to material which was allegedly not disclosed either truly and fully and, thus, they had failed to make out any case that there was no true and full disclosures by petitioner. Since revenue had failed to establish this pre-condition even prima facie, reassessment was unjustified. (AY.  2012-13)