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2012 (3) TMI 211 - HC - Income TaxValidity of reopening of assessment previously framed after scrutiny – assessment reopened on ground that ‘works contractor’ was not eligible for deduction u/s 80-IB(10) - Explanation to s. 80-IB(10) inserted in year 2009 w.e.f. 1.4.2000 - assessee contesting change of opinion by A.O. - A.Y. 06-07 – Held that:- It is now a settled law that if an explanation is added to a section of a statute for the removal of doubts, the implication is that the law was the same from the very beginning and the same is further explained by way of addition of the Explanation. Thus, it is not a case of introduction of new provision of law by retrospective operation. We find that the petitioner had disclosed all the materials relevant for the purpose of getting the benefit u/s 80IB and there was no suppression of materials. In spite of full disclosure, the A.O. gave benefit of the provision by considering the materials on record and thus, it cannot be said that any income escaped assessment in accordance with law. If the A.O. while passing the original assessment order, chose not to give any finding in this regard, that cannot give him or his successor in office a reason to reopen the assessment. It is a mere formation of second opinion on the selfsame materials without any “tangible material” - Decided in favor of assessee
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