Belazio Construction (P.) Ltd. (2020) 268 Taxman 170 (Bom.)(HC)

S. 147 : Reassessment-Assessment u/s. 143(1) can be reopened on basis of information obtained during course of assessment of earlier assessment year under S. 143(3) of the Act. [S.143(1), 148, Art.226]

The assessee-construction company filed return where Rs. 5.20 crores was shown as the cost of plot and farm development expenses and Rs. 25 crores as the proportionate land cost. The assessment was completed u/s.143(1) of the Act.  The reassessment notice was issued on the basis of earlier assessment which was completed u/s 143(3) of the Act. On writ the court held that the assessment for the subject assessment year was by virtue of intimation under section 143(1). Therefore, the Assessing Officer had no occasion to examine the claim of the assessee. It is on the basis of tangible information now received that the impugned reopening notice has been issued, as is evident from the reasons recorded. Therefore, the reasons do make out a prima facie case that income chargeable to tax for the subject assessment year has escaped assessment.  Accordingly the writ petition is dismissed.  (AY. 2017 -18)