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2019 (7) TMI 748 - GUJARAT HIGH COURTReopening of assessment u/s 147 - deduction u/s 80IB(10) denied - the petitioner had submitted the details of buyers, which revealed that he had sold residential units to, in all, seven parties, who were spouses or had more than one residential unit in the same project - whether there was any failure on the part of the petitioner to disclose fully and truly all material facts necessary for its assessment ? - HELD THAT:- The court in CLIANTHA RESEARCH LTD. VERSUS DY. CIT [2013 (7) TMI 452 - GUJARAT HIGH COURT] held that when a claim was processed at length after calling for detailed explanation from the assessee, and the same was accepted, merely because a certain element or angle was not in the mind of the Assessing Officer while accepting such a claim, cannot be a ground for issuing notice for reassessment. In the present case, the assessment is sought to be reopened beyond a period of four years from the end of relevant assessment year, in the absence of any failure on the part of the petitioner to disclose truly and fully all material facts necessary for its assessment, the basic requirement for taking action u/s 147 of the Act as postulated in the first proviso thereto, is not satisfied. Moreover, as discussed hereinabove, during the course of scrutiny assessment, the Assessing Officer had examined the claim for deduction under section 80IB(10) in detail, therefore, merely because he did not examine such claim from the angle of clauses (e) and (f) thereof, would not be a valid ground for reopening the assessment as it would amount to a mere change of opinion. Under the circumstances, the assumption of jurisdiction by the Assessing Officer u/s 147, by issuing notice u/s 148 is invalid, which renders the impugned notice unsustainable. - Decided in favour of assessee.
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