MAX Financial Services Ltd. v. Dy. CIT (2024)462 ITR 131 (P&H)(HC)

S. 147 : Reassessment-After the expiry of four years-Capital gains-Capital work-in-progress-Investment in property is accepted in assessment-Reassessment notice and order disposing the objection is quashed.[S. 45, 148, Art. 226]

Allowing the petition the Court held that   once the property in question had been purchased by making full and final payment and it was shown in the balance sheet in the assessment year 2015-16 no case was made out to reopen the assessment for the assessment year 2014-15. The assessment proceedings for the year 2015-16 had been completed and no adverse order with respect to the investment in question made by the assessee according to the sale deed had been passed. Since the assessment order for the assessment year 2015-16 had also undergone the process of revision and the claim of the assessee with respect to the investment made on the cost of investment in the property had been accepted no case had been made out to reopen the assessment proceedings of the assessment year 2014-15. Reassessment notice and order disposing the objection is quashed.   (AY.2014-15)