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2021 (2) TMI 354 - AT - Income TaxReopening of assessment u/s 147 - Validity of reasons to believe - whether the assessee is entitled to deduction u/s 80-IB(10) on the expenses which have been disallowed due to non compliance of certain provisions of the Income Tax Act, 1961 was never examined by the Assessing Officer in the course of the original assessment proceedings - HELD THAT:- On a perusal of the records, we find that the A.O in the course of the original assessment proceedings had queried as regards the aforesaid issues, and only after being satisfied with the reply filed by the assessee had accepted the same. As can be gathered from a letter dated 28/12/2011 the assessee on being queried by the A.O had duly demonstrated that the additions/ disallowances made in its computation of income duly formed part of its “eligible profits‟ for the purpose of quantification of its deduction u/s 80IB(10). On a similar footing, we find that the assessee vide its letter dated 26/12/2011 had after giving the bifurcated details of its “other incomes” had therein explained that as to on what basis the said amounts were eligible for deduction u/s 80IB(10). It can safely or in fact inescapably be gathered that the A.O while framing the original assessment had queried on the issues in question, and only after considering the reply of the assessee, had opined, that the assesee‟s claim for deduction u/s 80IB(10) was in order. Accordingly, we are of a strong conviction that the A.O backed by a mere “change of opinion” on the same set of facts as were there before his predecessor while framing the original assessment u/s 143(3), dated 27.12.2011, had therein in his attempt to recast the assessee‟s entitlement for deduction u/s 80IB(10) reopened its concluded assessment, which as noticed by us hereinabove in absence of any fresh tangible material is not permitted under law. See M/S. KELVINATOR OF INDIA LIMITED [2010 (1) TMI 11 - SUPREME COURT] as held a mere "change of opinion" cannot per se be a reason to reopen the case Now when the assessee‟s claim for deduction u/s 80-IB(10) was after exhaustive deliberations and specific queries as regards the issues in question accepted by the A.O, then, backed by a mere change of opinion on the basis of the very same material he could not have reopened the concluded assessment. Accordingly, finding no infirmity in the view taken by the CIT(A) who in our considered view had by way of a well reasoned order quashed the reassessment order passed by the A.O u/s 143(3) r.w.s. 147 for want of jurisdiction, we uphold the same. - Decided against revenue.
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