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2019 (2) TMI 60 - HC - Income TaxReopening of assessment - MAT computation - determination of book profit u/s 115JB - Held that:- As regular assessment proceedings for the subject assessment year were completed on 17th March, 2015 under Section 143(3) of the Act. The reasons in support the impugned notice do not indicate that there was any failure on the part of the petitioner to truly and fully disclose all material and primary facts necessary for assessment truly and fully, during the regular proceedings under Section 143(3) of the Act. Thus, on this short ground itself the impugned notice is hit by the proviso to Section 147 of the Act and is without jurisdiction. Also during the assessment proceeding queries were raised by the Assessing Officer with regard to the petitioner’s claim for provision for doubtful debts and petitioner had responded to same in detail by its letter dated 12th January, 2015. It was after AO satisfying himself with the petitioner’s reply that the petitioner's book profit were determined under section 115JB of the Act. This would indicate that the impugned notice is an attempt to review the order dated 17th March, 2015 under Section 143(3) of the Act, which is clearly not permissible. - Decided in favour of assessee.
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