Bakhtawar Construction Co. Pvt. Ltd. v. Dy. CIT (2023) 459 ITR 402 / 335 CTR 481/ (2024) 296 Taxman 476 (Bom) (HC)

S. 147 : Reassessment-With in four years-Query raised-Issue considered during original assessment proceedings-Notice and order disposing the objection is quashed. [S. 2(22)(a), 50C, 148, Art. 226]

Allowing the petition the Court held that  the issue of section 50C of the Income-tax Act, 1961 was a subject of consideration during the assessment proceedings, the query having been raised and the assessee having responded to the query and the Assessing Officer not taking that issue forward. The notice of reassessment based on the same issue was not valid.(AY.2008-09)