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2011 (9) TMI 135 - AT - Income TaxWhether CIT(A) has erred in canceling the notice u/s. 148 and the assessment made u/s. 143(3) r.w.s. 147 of the Act holding that the re-assessment proceedings initiated based merely on change of opinion. - claim of deduction u/s 80IA - generation and transmission of power - Held that:- invoking the provisions of section 80IA(10) does not arise in this case. - the Assessing Officer originally has invoked section 80IA(8) which is the correct provision applicable to the transactions of the assessee. - MERC order given subsequently for fixation of tariff on the basis of Electricity Supply Act and its Notifications operate in different field and has no bearing for determination of profits under the IT Act. - since in both the assessment years, the issue was originally considered and agitated at the level of the ITAT, the reopening on the same issue is to be considered as bad in law.
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