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2015 (1) TMI 819 - HC - Income TaxEntitlement to deduction u/s.80IA - Reopening of assessment - Held that:- It appears that the Assessing Officer had reopened the assessment on the ground that the activity of the assessee was not manufacturing activity and that the industrial undertaking was formed by splitting up the business which was already in existence. However, we find that there was nothing on record from which the Assessing Officer could have come to the conclusion that the assessee-firm was formed by splitting up of an industrial undertaking already in existence. There should have been something on record with the A.O for reopening the assessment alleging that the firm was formed by splitting up of an industrial undertaking already in existence. Thus the Assessing Officer could not be justified in stating that the assessee was formed by splitting up of an industrial undertaking. In any case, having not disallowed the claim of the assessee on this ground, the ground for reopening should also have failed. - Decided in favour of the assessee
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