VINAYAK CONSTRUCTION Vs. INCOME TAX OFFICER

JUDGEMENT

(1.) Rule. Learned advocate Mrs. Bhatt waives service of rule on behalf of the respondents.

(2.) PETITIONER -assessee has challenged notice of reopening of assessment dt. 28th March, 2011. The petitioner has also challenged order dt. 5th Oct., 211, by which the petitioner's objections to such reopening came to be disposed of by the AO.

(3.) BY Finance Act 2 of 2009, certain changes were made in S. 80-IB(10) of the Act with retrospective effect from 1st April, 2011. On 28th March, 2011, the AO issued the impugned notice seeking to reopen the assessment of the petitioner for the asst. yr. 2004-05. In the notice, he stated that he had reason to believe that income chargeable to tax for the assessment year has escaped assessment. He, therefore, required the assessee to file return of income within 30 days from the date of receipt of the notice.