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2019 (7) TMI 1321 - AT - Income TaxReopening of assessment u/s.147 - difference in gross receipt in TDS credit(26AS) and profit & loss Account - AO vide order u/s.143(3)/154 rectified the discrepancy in the order u/s.143(3) - on same ground notice u/s 148 was issued - change of opinion - no fresh information came to the knowledge of the AO - HELD THAT:- Revenue department wanted to initiate the proceedings both u/s.147 as well as u/s.154, which itself has established that the information as well as the accounts were very much on record, which were very much in the notice of the AO as he wanted to invoke the provisions of section 154 to rectify the mistake. Because the AO had issued notice u/s.154, therefore, it was also not in dispute that the alleged discrepancies were nothing but mistake apparent from record. Considering the peculiar situation under which the proceedings were started u/s.147/148 hereby hold that the law does not permit a settled issue to get unsettled by reopening the same I also find that law relating to change of opinion being not permissible for invoking proceedings u/s 147 of the Act is now well settled in the case of Kelvinator of India Ltd. [2010 (1) TMI 11 - SUPREME COURT]. In this case, on the basis of change of opinion, the Assessing officer has resorted to section 147 in reopening of assessment and, therefore, quash the reassessment proceedings u/s.147 and allow this ground of appeal of assessee.
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