Assessment was completed after accepting assessee’s submissions regarding capital gains and the Section 54F claim. Subsequently, notice under Section 148A was issued on the ground that there was a change in control due to a change in directors of the company whose shares were sold by assessee and, therefore, the resulting income should have been treated as business income, leading to escapement of income. On writ, the court held that since reasons recorded in the order issued under Section 148A(d) were already considered by the Assessing Officer in the assessment order passed under Section 143(3), the order under Section 148A(d) and the notice issued under Section 148 were quashed and set aside. (AY. 2018-19)
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