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2012 (7) TMI 558 - GUJARAT HIGH COURTChallenging notice of reopening u/s 148 beyond a period of four years - according to AO the claim for deduction of license fees paid by the petitioner assessee was required to be dealt with in the manner provided in section 35ABB - Held that:- AO has placed no reliance on any new material at his command to form a belief that income chargeable to tax has escaped assessment. Further during the original assessment framed after scrutiny, the claim of deduction for license fees paid by the petitioner came up for consideration - It may be that some of the queries did not directly relate to such claim and the limitation of deduction as provided in Section 35ABB. However, entire issue was at large before the AO - it cannot be stated that there was any failure or omission on part of the petitioner to disclose truly and fully any material facts necessary for assessment. As in addition to lodging the claim for deduction in the original return filed giving full details and particulars and accounting policies followed the petitioner further elaborated its claim for deduction to the query issued by the AO during such correspondence and if the AO was of the opinion that such expenditure had to be spread over as provided in Section 35ABB nothing prevented AO from doing so in the original assessment that he framed. Full facts with respect to such claim were on record before him as it was not for the assessee to lead the Assessing Officer to any particular legal inference - impugned notice is not sustainable - in favour of assessee.
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