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2014 (8) TMI 797 - AT - Income TaxReopening of assessment u/s 147 – Notice issued u/s 148 – Disallowance u/s 14A - Held that:- The issue of disallowance u/s. 14A was duly considered by the AO in the original assessment and that the AO formed a view after consideration that the amount so disallowable u/s. 14A is to be taken at ₹ 1,54,559 - Following the decision in RECKITT BENCKISER HEALTHCARE INDIA LTD Versus ASSISTANT COMMISSIONER OF INCOME TAX [2013 (8) TMI 523 - GUJARAT HIGH COURT] - even within a period of four years assessment cannot be reopened - Any permission to the AO to do so would amount to permitting change of opinion - to correct the assessment order passed after a detailed examination by the AO, the succeeding AO cannot resort to the proceedings of reopening - the remedy for mistakes of the AO, if any, may be available under other provisions of the Act, but certainly review of the very same material by the succeeding AO to take a different view is not available with the AO in the garb of reassessment - the reopening of the reassessment in the is unsustainable – Decided in favour of Assessee.
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