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2015 (6) TMI 1070 - AT - Income TaxReopening of assessment under section 147 - Held that:- In this case, the issue of reopening was done by the Assessing Officer under section 148 of the Act is justified for the reason that as per Explanation 2 (c) to section 148, where the income chargeable to tax are under assessed, it shall be deemed to have been income chargeable to tax has been escaped assessment. Therefore, in our opinion, the Assessing Officer, while passing the original assessment order under section 143(3) has not expressed any opinion as he has only considered the details filed by the assessee. Therefore, the notice issued under section 148 to rectify the mistake on which he has not given any opinion. Thus, it is not amounting to any change of opinion. Accordingly, the case law relied on by the ld. Counsel for the assessee in the case of CIT v. Kelvinator India Ltd. (2010 (1) TMI 11 - SUPREME COURT OF INDIA ) has no application. CIT(A) has rightly held that the disallowance of interest expenses for the purpose of computation of disallowance under section 14A in the reassessment proceedings is not legally correct since the income escaped with respect to disallowance of expenditure under section 14A to the extent of the arithmetic mistake committed in the original assessment was correctly done by the Assessing Officer as per the law. Therefore, we find no infirmity in the order passed by the ld. CIT(A) and accordingly, the ground raised by the assessee is dismissed. Disallowance of expenses u/s 14A read with 80 of the IT Rules in view of the specific findings given by the ld. CIT(A) that no specific books of accounts were maintained for the investment in relation to exempt income and also non exempt income. In view of the above, we find no infirmity in the order passed by the ld. CIT(A) on this issue and accordingly, the ground raised by the assessee is dismissed So far as the claim of the assessee in respect of estate expenses the assessee has not able to produce any details i.e. bills and vouchers, etc. neither before the Assessing Officer nor before the ld. CIT(A) or even before the Tribunal. In view of the above facts and circumstances, this ground of appeal raised by the assessee is dismissed.
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