Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2015 (2) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (2) TMI 803 - BOMBAY HIGH COURTReopening of assessment - admissibility of the claim of the assessee under section 80-IA in view of the fact that there is loss from the windmill project - Held that:- Revenue does not dispute the fact that the issue with regard to which the reopening is sought to be done was the subject matter of discussion and deliberation before the AO during the original proceedings leading to the order dated April 29, 2003. In these circumstances, it is an undisputed position that the Assessing Officer did have occasion to apply his mind to the deduction claimed by the respondent-assessee before allowing the same. The objection of the Revenue that there was no opinion formed during the original assessment proceeding as the order dated April 29, 2003, did not deal with the same is unsustainable. The mere fact that the assessment order does not discuss the issue of deduction under section 80-IA(4) of the Act would not lead to the conclusion that the Assessing Officer had made no opinion with regard to the issue. The Tribunal has reached a finding of fact that the question with regard to the claim for deduction under section 80-IA of the Act was raised by the Assessing Officer and responded to by the respondent-assessee. This position is also not disputed by the Revenue. Merely because the issue is not discussed in the assessment order would not lead to a conclusion that no opinion was formed as to the subject of the query as held by this court in the matter of Idea Cellular Ltd. v. CIT reported in [2008 (2) TMI 146 - BOMBAY HIGH COURT]. Reopening dismissed. - Decided in favour of assessee.
|