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2014 (3) TMI 1057 - AT - Income TaxReopening of assessment - deductions of additional depreciation on CPPs and grant of deduction u/s 80IA in respect of income from CPPs - Held that:- Each such ground of addition was subject matter of verification and specific consideration during the course of original assessment proceedings, appellate proceedings, and in the revisional proceedings undertaken in this assessee’s case. The reopening of the assessment order, especially made u/s 143(3), merely on the basis of change of opinion of the AO, by reappraisal of evidence already existing on records or on the basis of mere change of opinion of the related provisions of the law and its interpretation is patently invalid, wholly without jurisdiction and is grossly erroneous. It will be imperative to repeat that all such claim and deductions were accepted after a careful consideration of the entire relevant material, the relevant provisions of law and the relevant judgments relating to all those points. Hence reopening the said completed assessment without any fresh material or without any contrary direct binding judicial precedent, is patently illegal. Thus we strike down the very reassessment proceedings which are based on the charge of opinion of the A.O. On merits also the case of the assessee is strong but since we have already allowed the legal ground raised in the CO, we need not to decide the appeal of the revenue on its merit and in the circumstances all the grounds raised become infructuous. Resultantly, the appeal of the Revenue is liable to be dismissed having become infructuous. - Decided in favour of assessee
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