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2018 (6) TMI 402 - AT - Income TaxReopening of assessment - completed assessment u/s 143 - Held that:- Referring to the decision of full bench of Hon’ble Delhi High Court in the case of CIT vs Kelvinator of India Ltd. [2002 (4) TMI 37 - DELHI HIGH COURT] when the assessment is completed u/s 143(3), there is a presumption that all the issues relevant to the assessment have been considered and concluded by the A.O. by applying his mind. It was further held that even if there is any mistake committed by the A.O. while completing this assessment u/s 143(3), the same cannot be allowed to be taken as basis for reopening of the assessment as it would amount of giving premium to an authority exercising qua judicial function to taken benefit of its own wrong. Reopening of assessment by the A.O. in the assessee’s case was bad in law as the same was based on a mere change of opinion without there being any new tangible material coming to his possession. In that view of the matter, we uphold the impugned order of the Ld. CIT(A) cancelling the assessment made by the A.O. u/s 143(3) / 147 of the Act and dismiss this appeal of the revenue.
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