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2017 (3) TMI 1326 - ITAT HYDERABADReopening of assessment - disallowance u/s. 80IB - failure to issue notice - Held that:- There is no dispute to the fact that the assessments were reopened after the end of four years from the relevant assessment year. There is also no dispute that the order u/s. 143(3) was passed after duly examining the claim of 80IB(10) as can be seen from the report of the ITI, extracted by the ITO in the assessment orders. Thus, there is no dispute that assessee had placed all the information relevant for completion of assessment before the AO. Provisions of Section 147 do allow the AO to reopen the assessment, if he has reason to believe that income has escaped assessment, but that power is limited by various other provisos. The contention of CIT(A) that assessee has not filed return of income, therefore, there is no need for issuance of notice u/s. 143(2) has no legal basis. Since there is failure on the part of the AO in issuance of notices u/s. 143(2) within the time limits prescribed, subsequent proceedings of assessment becomes bad in law. - Decided in favour of assessee
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