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2016 (8) TMI 271 - HC - Income TaxReopening of assessment - Eligibility for deduction under section 80IA(4) - as per AO assessee was not carrying on the business of developing or operating and maintaining or developing, operating and maintaining any infrastructure facility - Held that:- The petitioner's sole claim that the return was for deduction under section 80IA(4) of the Act, came to be examined by the Assessing Officer during the scrutiny assessment. During such assessment, the Assessing Officer collected full information from the assessee in addition to what was already produced along with the returns. In the assessment order, he made no disallowance. In the order itself, he had noted that this is a partnership firm and is enterprise of two partners Avadh Infrastructure Pvt. Ltd. and Narayan Infrastructure Pvt. Ltd. who had jointly applied to the Executive Engineer Valsad. The assessee's tender was sanctioned by the Government of Gujarat for construction of bridge. Thus full details pertaining to the assessee's activities were at large before the Assessing Officer. Conscious of such details, he had framed the assessment. It would therefore, not be permissible for the Assessing Officer to reopen such issue and that too beyond a period of four years from the end of relevant assessment year. Quite apart from the question of change of opinion, there was simply no failure on part of the assessee to disclose truly and fully material facts. As noted, in the original returns, the assessee had while claiming deduction, provided supporting materials in the form of audit report in Form No.10CCB. During the assessment proceedings, the assessee provided further details as called for by the Assessing Officer. Even the reasons recorded by the Assessing Officer for issuing notice for reopening do not even indirectly suggest that there was any failure on part of the assessee to disclose true and full facts. In fact, the reasons rely solely on the materials already on record. It can thus be seen that the Assessing Officer merely desires to revisit the claim which was granted after full scrutiny in the original assessment. His opinion that the claim was not properly examined during such assessment would not authorise him to reopen the assessment. The reasons are based on materials already on record. - Decided in favour of assessee
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