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2013 (7) TMI 383 - GUJARAT HIGH COURTValidity of order - Reassessment - change of opinion - The petitioner contended that without even supplying the reasons for reopening recorded the AO assumed jurisdiction and proceeded with the reassessment proceedings - the assessee made full disclosure about expenditure - the AO called upon the assessee to explain all expenses. The sum was a sizable expenditure which the assessee claimed by way of business expenditure - He gave detailed reply to the queries raised by the AO in this respect - He pointed out that the assessee had received various deposits from the co-operative societies - Such deposits were retained without paying any interest - Against that the assessee had the responsibility to meet with part of the maintenance expenditure of the society - The expenses which were the petitioner borne in six months of the year were less than 4 per cent. of the deposit amount - after examining details the AO had framed his original assessment - in such assessment, he had not made any specific mention of accepting such expenditure. Held that:- Without there being anything additional on record any attempt on the part of the AO to disallow expenditure by reopening the assessment would be based on mere change of opinion and thus not permissible in law – order of the AO quashed - decided in the favour of assessee.
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