Sec. 45, 147 & 148 of Income Tax Act, 1961 — Reassessment - For the assessment year 2012-13, the petitioner had filed the return of income disclosing total income of Rs. 1.22 crores. This comprised of a long term capital gain arising out of sale of immovable property besides other sundry incomes. The return was taken in scrutiny by the AO, during which, the AO examined the transaction of sale of agricultural land of the petitioner in question which led to the assessee earning capital gain. The AO passed order of assessment under section 143(3) of the Act. In such order, the AO made no change in the petitioner's declaration of capital gain. It was only after such examination of the sale of the land and related issues, the AO passed the order of assessment making no disallowance. Entire issue was thus minutely examined by him. On this count, AO cannot be allowed to reopen the assessment. Thus, the petition is allowed and the impugned notice to reopen the petitioner's assessment set aside. - NIRANJAN CHIMANLAL JAIN V/s DEPUTY CIT - [2020] 425 ITR 162 (GUJ)