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2023 (6) TMI 1038 - BOMBAY HIGH COURTReopening of assessment u/s 147 - deduction u/s 80-O claimed - change of opinion - claim of deduction u/s 80-O consequent to the amendment w.e.f. A. Y. 1998-99 but copies of the bills were not produced - HELD THAT:- As perused the Assessment Order in which the only issue which has been discussed is the deduction claimed under Section 80-O. AO has extensively dealt with the submission of bills during the assessment proceedings - AO has also recorded that the assessee even submitted relevant supporting vouchers and bills which have been verified on the test case basis with the detailed statement filed by the assessee. This indicates that what is recorded in the reasons to believe that assessee did not produce bills is incorrect. As held by this Court in Aroni Chemicals Limited [2014 (2) TMI 659 - BOMBAY HIGH COURT] once a query is raised during assessment proceeding and the assessee has replied to it, it follows that the query raised was a subject of consideration of the A. O. while completing the assessment. In the case at hand from the Assessment Order, it is quiet clear that the A. O. has not only considered but also extensively dealt with in the Assessment Order the deduction claimed under Section 80-O - Therefore, there can be no doubt in the present facts that the re-opening of the assessment is merely on the basis of change of mind of the A.O. from that held earlier during course of assessment proceedings leading to the Assessment Order. This change of opinion does not constitute justification and/or reasons to believe that income chargeable to tax has escaped assessment. Decided in favour of assessee.
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