ROYAL INFRASTRUCTURE Vs. DEPUTY COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) By this petition under article 226 of the Constitution of India, the petitioner has challenged the notice dated 26.03.2018 issued by the respondent under section 148 of the Income-­ Tax Act , 1961 (hereinafter referred to as "the Act") proposing to reopen the assessment of the petitioner for the assessment year 2011-­12.

(2.) The facts stated briefly are that the petitioner submitted its return of income for the assessment year 2011-­12 on 31.08.2011 computing the gross total income at Rs.1,10,66,146/-­ and claimed deduction of Rs.79,91,226/-­ under section 80IB of the Act resulting into a total income of Rs.30,74,920/-­. The petitioner also filed an audit report under section 44AB of the Act in Form No.3CB and Form No.10CCB, being the audit report for claiming deduction under section 80IB of the Act. The return of income was accepted as such, as no scrutiny assessment was carried out in pursuance of the return filed under section 139(1) of the Act.

(3.) Thereafter, the respondent issued the impugned notice dated 26.03.2018 under section 148 of the Act for the assessment year 2011-­12 stating that income chargeable to tax had escaped assessment and called upon the petitioner to file its return of income. In response to the notice, the petitioner addressed a letter dated 06.04.2018 requesting the respondent to treat the return filed on 31.08.2011 as the return filed in response to the notice under section 148 of the Act. The petitioner, thereafter, received notices dated 20.08.2018 under section 143(2) and 142(1) of the Act. Along with the notice under section 142(1) of the Act, the respondent furnished an annexure wherein he had reproduced the reasons recorded for reopening the assessment. In response to the reasons recorded, the petitioner filed its objections vide letter dated 24.08.2018. The respondent rejected such objections vide letter dated 11.12.2018. Being aggrieved, the petitioner has filed the present petition.