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2013 (7) TMI 447 - GUJARAT HIGH COURTReassessment - Validity of notice u/s 148 - disallowances of expenses under Section 14A - short payment of fringe benefit tax. - addition of un-utilized CENVAT on raw materials in the valuation of the closing stock – Held that:- The Tribunal correctly held that any attempt on the part of the Assessing Officer to re-examine such issues would only amount to a change of opinion - in a situation where the Assessing Officer during scrutiny assessment, notices a claim of exemption, deduction or such like made by the assessee, having some prima facie doubt raises queries, asking the assessee to satisfy him with respect to such a claim and thereafter, does not make any addition in the final order of assessment, he can be stated to have formed an opinion whether or not in the final order he gives his reasons for not making the addition- the same authority cannot re-examine the issue under reopening- the crucial requirement under proviso to Section 147 of the Act for issuing notice beyond four years from the end of relevant assessment year of income escaping the assessment due to the failure on the part of the assessee to disclose truly and fully all material facts in cases other than in case of non filing of the returns, is absent – appeal decided against the department.
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