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2017 (6) TMI 733 - HC - Income TaxValidity of reopening of assessment - deduction under section 10B - change of opinion - Held that:- Assessing Officer was acutely conscious of the assessee's claim of deduction under section 10B of the Act during the original assessment. Assessing Officer by his order of assessment dated 28.02.2014, made a minor disallowance of a sum of ₹ 10,40,714/- out of the claim of deduction made by the assessee under section 10B of the Act. It can thus be seen that the assessee's claim of deduction under section 10B of the Act was part of the original assessment proceedings. Only after being satisfied about the validity of the claim that the same was substantial, accepted by the Assessing Officer. Any attempt on his part to reopen this claim would be based on mere change of opinion. - Decided in favour of assessee Disallowance u/s 14A r.w.r. 8D - Held that:- During the original assessment, this very question came up for consideration. Having taken note of the evidence on record, the Assessing Officer enlarged the disallowance voluntarily made by the assesseee from ₹ 3,66,749/- to ₹ 1,72,648/- and, in the process, made a further disallowance of ₹ 1,35,899/-. This ground for the reopening of the assessment, therefore, is not available to the Revenue. - Decided in favour of assessee
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