Reopening of assessment for wrong year is illegal and unsustainable

ITO Vs Gurdeep Singh Chhabra (ITAT Indore)

ITAT Indore held that the registered sale-deed would relate back to and have effect from 26.03.2013 falling with previous year 2012-13 relevant to AY 2013-14 and hence the impugned transaction of sale was taxable in AY 2013-14 and not in 2014-15. Accordingly, reopening of assessment for AY 2014-2015 is illegal and unsustainable.

Facts- The assessee-individual filed his return of AY 2014-15 on 29.03.2016 declaring a total income of Rs. 4,31,880/- which was assessed. Subsequently, the AO received an information that

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