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Since in the present case, the notice under section 148 have been issued after 04 years and no new and tangible material has been brought on record at the time of reopening of the assessment and the A.O. wanted to correct the error in the original assessment order passed by the A.O. while initiating the re-assessment proceedings, we are of the view that reopening of the assessment is not valid in the facts and circumstances of the case. Considering the totality of the facts and circumstances of the case, we do not find any justification to sustain the reopening of the assessment. We hold that reopening of the assessment is invalid and bad in law, as such, we set aside the Orders of the authorities below and quash the reopening of the assessment.

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Sec. 27(iiib) & 269UA of Income Tax Act, 1961 - Income from house property – The assessee filed appeal against the order of CIT(A) in rejecting the appellant's contention that the rental income of Rs. 6,29,047/- received by the appellant from sub-letting of the "Kantilal House" premises to Bank of Baroda, is not taxable either u/s.22 or u/s.56 of the Act and; also holding that the appellant is a deemed owner of the aforesaid premises u/s.27(iiib)read with Section 269UA(f)(i) of the Act, and is not a 'monthly tenant' as claimed by the appellant; and in holding that the aforesaid rental income is taxable u/s.22 of the Act as 'income from house property'. Tribunal dismissed the appeal of the assessee holding that ”the tenancy was not on ‘month to month’ basis as asserted by the assessee but it was for aggregate period exceeding 12 years in terms of Sec. 269UA(f)(i). Accordingly, for the purpose of Sec. 27(iiib) r.w.s. 269UA(f)(i), the assessee was deemed owner of the property and therefore, the stated income was rightly brought to tax by revenue authorities as Income from House Property“. - NAHALCHAND LALOOCHAND P. LTD. V/s DEPUTY CIT - [2020] 204 TTJ 975 (ITAT-MUMBAI)

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