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2011 (1) TMI 1370 - AT - Income TaxReopening of assessments under section 147/148 - Deduction u/s 80IA - profits of Wind mill activity - non-maintenance of separate books of account for the Wind mill activity - Change of opinion - HELD THAT:- Regarding validity of the proceedings initiated under section 147/148 of the Act, it is found that assessee has to fail. No doubt, it is not permissible for the Assessing Officer to reopen an assessment under section 147/148 of the Act on a mere change of opinion. However, in the present case, the factual matrix does not support the plea of the assessee that notice under section 148 of the Act dated 30.3.2006 has been issued in this case on a “change of opinion”. The plea of the assessee that the Assessing Officer formulated an opinion while processing the return under section 143(1) is untenable is based on the proceedings under section 143(3) for assessment year 2001-02, which were in progress at the relevant point of time. However, such proceedings culminated only on 29.2.2003, much after the processing under section 143(1) for the impugned assessment year. Therefore, acceptance of the claim in assessment year 2001-02 in a proceeding under section 143(3) on 29.4.2003 cannot be construed as formulation of an opinion by the Assessing Officer in relation to assessment year 2002-03 in the processing done under section 143(1) of the Act dated 28.3.2003. Factually speaking, it is not case of a “change of opinion” and, therefore, initiation of proceedings under section 147/148 cannot be said to be vitiated on this count. The assessee has to fail - appeal dismissed.
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