J.P. Iscon Ltd. v. Dy. CIT (2019) 267 Taxman 481 / 111 taxmann.com 260 (Guj.)(HC) Editorial: SLP is granted to the assessee, J.P. Iscon Ltd. v. Dy. CIT (2019) 267 Taxman 480 (SC)

S. 147 : Reassessment-Capital gains–Cash sales-Failure to disclose material facts – Notice of reassessment is held to be valid. [S. 45, 48 148, Art.226 ]

Assessment was completed u/s. 143(3) of the Act  accepting capital gain declared by assessee. On the basis of information that assessee had used  routing cash sale consideration of land to sales initiated reassessment proceedings.  Assessee filed a petition raising an objection that there was true and full disclosure of all material facts and, thus, reassessment proceedings could not be initiated on basis of change of opinion. Dismissing the petition the Court held that question of true value of land not being reflected in sale consideration and transaction itself not reflecting correct value received by assessee, objection raised by assessee deserved to be rejected. (AY. 2008-09)