Swastik Safe Deposit... v. Assistant Commission...

1. The petitioner has challenged a notice of reopening of assessment for the assessment year 2011-12. The return filed by the petitioner for the said assessment year was accepted under Section 143(1) of the Income Tax Act, 1961 without scrutiny. Learned counsel for the petitioner, however, submitted that the reasons recorded by the assessing officer for issuing the notice lack validity. No income in case of the petitioner can be said to have escaped assessment. The notice of reopening is, therefore, bad in law.

2. Learned counsel for the Revenue prayed for time to file reply. On his request, S.O to 21st December, 2018. By way of ad-interim relief, the impugned notice of reopening of the assessment is stayed.