Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2015 (8) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (8) TMI 721 - HC - Income TaxReopening of assessment - petitioner assessee was not entitled to the deduction under Section 80IB(10) - Held that:- While finalizing original assessment under Section 143(3) of the Act, the AO along with notice under Section 142(1) of the Act sent questionnaire to the petitioner, more particularly, with respect to deduction claimed under Section 80IB of the Act by the assessee and to which petitioner assessee supplied necessary details as required by the AO and only thereafter when the AO allowed the deduction under Section 80IB of the Act claimed by the assessee, the impugned reassessment proceedings/ reopening of the assessment for AY 2009-10 is nothing but on mere change of opinion of the AO, which is not permissible. Under the circumstances, impugned notice under Section 148 of the Act, to reopen the complete and finalize the assessment for AY 2009-10 in the impugned reassessment proceedings for the reasons recorded is absolutely illegal and invalid. - Decided in favour of assessee.
|