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2016 (8) TMI 681 - AT - Income TaxReopening of assessment - disallow the deduction under section 80-IB - Held that:- We find that the original assessment was made by the Assessing Officer under section 143(3) on March 7, 2006, and the reasons recorded on March 26, 2008, there is not even a whisper of the original assessment order and the disallowances made therein. We also note that the deduction under section80-IB amounting to ₹ 10,13,828 had been disallowed in the original assessment itself. As per the reasons recorded under section 148, the reopening was made to disallow the same deduction of ₹ 10,13,828 under section 80-IB which had already been disallowed in the original assessment. Thus, there was no income which has escaped assessment. This is also evident from the fact that the total income determined in the original assessment as well as the reassessment is the same, i.e., ₹ 20,64,503. It is a settled law that in the absence of any income escaping assessment, no reassessment can be made. We note that the Assessing Officer in the reasons recorded has referred to the record as well as case law which were already available at the time of original assessment. No fresh or tangible material came into the hands of the Assessing Officer when reasons were recorded. In the circumstances, the reopening was sought to be made only to review the original assessment which was actuated by change of opinion by the Assessing Officer, which is clearly impermissible - Decided in favour of assessee
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