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2022 (4) TMI 1232 - HC - Income TaxReopening of assessment u/s 147 - deduction claimed under section 80-IA - HELD THAT:- It is evident from the affidavit-in-reply that the Assessing Officer had all material facts before him when he made the original assessment and issue of deduction under section 80IA of the Act was a subject of consideration during the assessment proceedings. In the present case, the petitioner had truly and fully disclosed all material facts necessary for the purpose of assessment. They were carefully scrutinized and figures of income as well as deduction were carefully reworked by the AO. In fact, in the reasons for reopening, there is not even a whisper as to what was not disclosed. In our view, this is not a case where the assessment is sought to be reopened on the reasonable belief that income had escaped assessment on account of failure of assessee to disclose truly and fully all material facts that were necessary for computation of income but this is a case wherein the assessment sought to be reopened on account of change of opinion of the Assessing Officer about the manner of computation and deduction under Section 80-IA of the Act. In our view, the same is not permissible. Petition allowed.
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