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2019 (11) TMI 106 - BOMBAY HIGH COURTReopening of assessment u/s 147 - eligibility of reasons to believe - benefit of deduction under section 80IB(10) - HELD THAT:- The reasons in support of the impugned notice itself proceed on the above facts viz. - completion certificate was received on 25 September 2012 while the project had to be completed before 31 March 2012 and therefore, this has led to the reason to believe that the income chargeable to tax has escaped assessment. Therefore the basis of the reasons to believe that income chargeable to tax has escaped assessment was that the completion certificate was not obtained on or before 31 March 2012. This was a subject matter of consideration by the Assessing Officer while passing the Assessment Order under section 143(3) of the Act for Assessment Year 2012-13. Thus the reason in support would be a clear case of change of opinion and the reopening notice would be without jurisdiction. Facts which are being relied upon by Mr.Walve are only recorded in the order disposing of the Petitioner’s objections and do not form a part of the reasons for the Assessing Officer to come to reason to believe that income chargeable to tax has escaped assessment. The reasons set out in the order of disposing of objections cannot form basis of his reason to believe that income chargeable to tax has escaped assessment at the time he issued the impugned notice. As pointed out above the reasons recorded prior to issue of the impugned notice were on facts which was a subject of consideration in proceedings under section 143(3) of the Act. Thus a clear case of change of opinion and notice without jurisdiction. - Decided in favour of assessee.
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