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2020 (9) TMI 194 - ITAT DELHIValidity of reopening of assessment u/s 147 - onus on the AO to show that primary disclosure was not sufficient for further investigation by the AO - HELD THAT:- In the reasons recorded, the AO has alleged that which is debited to P&L Account is in the nature of future content expenditure and should have been disallowed. In our considered opinion these details were very much available during the course of the original assessment proceedings, therefore, imagine on the part of the AO not to apply the law correctly cannot confer power on the Assessing Officer to reopen the case. Reopening is not based on any fresh new tangible material, evidence brought on record, therefore, the ratio laid down by the Hon’ble Supreme Court in the case of Kelvinator of India Ltd. [2010 (1) TMI 11 - SUPREME COURT]squarely apply wherein the Hon’ble Supreme Court has held that Assessing Officer cannot proceed to reopen the assessment on the basis of mere change of opinion. We are of the considered opinion that exemption of jurisdiction u/s 147 of the Act by issue of notice u/s 148 of the Act is bad in law and deserves to be quashed. - Decided in favour of assessee.
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