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2013 (12) TMI 1004 - ITAT MUMBAIValidity of reassessment u/s 147 – Held that:- The assessee has filed all the necessary details and material facts in the form of Audit Report in the return of income, with regard to the claim of deduction under Section 80HHC and also the computation of taxable income – The assessment completed u/s 143(3) was reopened much after the expiry of four years from the end of the relevant assessment year - From the 'reasons recorded' by the Assessing Officer it can be inferred that AO is withdrawing the deduction under Section 80HHC which was earlier allowed by the Assessing Officer – The assessment already completed cannot be reopened for “change of opinion” - For acquiring a jurisdiction under Section 147, specifically in the cases where assessment has been completed under Section 143(3) the Assessing Officer has to categorically spell out the failure on the part of the assessee that he did not disclose fully and truly all material facts - The Assessing Officer has failed to record that there was any failure on the part of the assessee to disclose fully and truly all material facts – Therefore reasons recorded do not allow him to reopen the completed assessment under Section 143(3), beyond the period of four years in view of the proviso to Section 147 – Decided against Revenue.
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