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2015 (9) TMI 1639 - AT - Income TaxReopening of assessment - denying the deduction u/s. 80IA in respect of the receipts from transfer of sales tax benefits - Held that:- In assessee’s own case for A.Y 2003-04 to 2006-07 we find that the Tribunal has treated the sale consideration received on the transfer of Sales tax benefits/incentive as a benefit directly arising from the business and therefore the same was treated as a revenue receipt. Coming to the reasons recorded for the reopening of the assessment as mentioned elsewhere in this order, the allegation of the Revenue is that, the sales tax benefit is not an income derived from the business of the industrial undertaking. This view of the AO is not matching with the decision of the Tribunal in assessee’s own case in earlier assessment years as mentioned hereinabove. Once the issue has been thoroughtly examined/scrutinized and has met the higher judicial forum, reopening of the assessment based on the same set of facts is nothing but a change of opinion which is not permissible as per the ratio laid down by the Hon’ble Supreme Court in the case of Kelvinator of India [2010 (1) TMI 11 - SUPREME COURT OF INDIA]. - Decided against revenue
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