Dismissing the appeal of the assessee the Court held that   the return of income for the assessment year 2012-13 was not scrutinized and only the return of income of the assessee for the assessment year 2016-17 was taken up for scrutiny.  The concept of protective assessment is applicable in Income-tax law.The question whether the capital gains were assessable in the assessment year 2012-13 or 2016-17 was thus, a matter to be decided by the authorities after due verification of relevant documents and in accordance with law. Thus, while the merits of the matter relating to the year in which the instance of capital gains would fall was left entirely open for decision by the Officer, the assumption of jurisdiction, on a protective basis was valid. Court also held that since only an intimation under section 143(1) had been passed for the assessment year 2012-13 the limitation of six years was available. Accordingly the Court held that   the notice of reassessment was valid and not barred by limitation. (AY.2014-15)