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2019 (9) TMI 865 - AT - Income TaxReopening of assessment u/s 147 - HELD THAT:- Reopening the assessment under section 147 of the Act, we note that there was no tangible material gathered by the AO from the outside source. As such, the reopening was initiated on verification of the assessment records. There was no assessment carried out under section 143(3) of the Act for the year under consideration. As such the return was processed under section 143(1) of the Act. Thus it is clear that the return of income filed by the assessee for the year under consideration was not examined by the Revenue. Therefore, the question of change of opinion does not arise in the given facts and circumstances. Besides the above, we also note that the conditions attached in the 1st proviso to section 147 of the Act that there was failure on the part of the assessee to disclose truly and fully the material facts does not apply to it. It is because there was no scrutiny assessment under section 143(3) of the Act for the year under consideration. We are not impressed with the arguments of the learned AR for the assessee and accordingly we do not find any reason to interfere in the finding of the learned CIT (A). Hence, the additional ground of appeal of the assessee is dismissed. Disallowance under section 80JJA - HELD THAT:- It is very clear that the purpose behind the provision of section 80JJA of the Act was to extend the benefit to the organisations from the commencement of business. It is beyond doubt that the assessee commenced its business much before the introduction of the provisions of section 80JJA of the Act in the statute. There was no mention under the provisions of section 80JJA of the Act for extending benefit to the assessee which have commenced their business much before the introduction of such provision. Thus, the provision itself vividly reflects the intent of lawmakers that the benefit of section 80JJA shall begin from the commencement of the business. We are also conscious to the fact that the learned AR for the assessee has placed various orders before the authorities below but on perusal of the same, we note that none of them is applicable to the case on hand. We also note that the assessee has also enjoyed the benefit of deduction under section 80 IA of the Act after the commencement of production for a period of 10 years. Accordingly, we do not find any infirmity in the order of the authorities below. Hence the ground of appeal of the assessee is dismissed. Charging tax under section 115JB along with the interest under section 234A and 234B - AO worked the liability of tax under the provisions of section 115 JB of the Act along with the interest under section 234A/B confirmed by CIT-A - HELD THAT:- As there was no defect pointed out by the learned AR for the assessee in the order of the authorities below. Therefore, we do not find any infirmity in the order of the authorities below. Hence the ground of appeal of the assessee is dismissed.
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