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2014 (5) TMI 404 - GUJARAT HIGH COURTValidity of notice for reopening of assessment – Mere change of opinion - Infrastructure facilities – Claim of deduction u/s 80IA(4) of the Act – Held that:- Assessee had claimed deduction under section 80IA(4) of the Act - The assessee was entitled to claim deduction u/s 80IA(4), the assessment order was passed - Any attempt on the part of the AO now to revisit such a claim would be based on a mere change of opinion – Relying upon CIT v. Kelvinator of India Ltd. [2010 (1) TMI 11 - SUPREME COURT OF INDIA] - power to re-open is much wider - one needs to give a schematic interpretation to the words “reason to believe” failing which, Section 147 would give arbitrary powers to the AO to re-open assessments on the basis of “mere change of opinion”, which cannot be per se reason to re-open. - The AO has no power to review - he has the power to re-assess. Even within four years, it would not be open for the revenue to reopen the assessment - The agreement between the petitioner and the GSRDC was on record - The assessee had pointed out that GSRDC is a 100% Government owned company - The status of the contractee was very much before the AO – the reopening cannot be permitted – Decided in favour of Assessee.
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