Allowing the cross objection of the assesee the Tribunal held that, there was no failure on the part of the assessee to disclose material facts. The reasons recorded stated that income returned u/s. 115JB was accepted on misinterpretation of law which could not be sustained. Tribunal also held that the approval granted was without application of mind. Accordingly the reassessment is held to be bad in law. (AY. 2013-14)
Krish Homes (P) Ltd. v. ITO (2020) 186 DTR 177 / 78 ITR 101 / 203 TTJ 909 (Jaipur)(Trib.)
S. 147 : Reassessment–Within four years-Change of opinion-Capital gains on sale of agricultural land-No failure to disclose material facts-Approval granted was without application of mind – Reassessment is held to be bad in law. [S. 2(IA), 10(1), 115JB, 148, 151]