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2024 (2) TMI 149 - AT - Income TaxValidity of reopening of assessment u/s 147 - change of opinion - eligibility of claim of exemption u/s 54 - DR submitted that the AO has rightly invoked Section 147 of the Act as the HUF has not purchased the property and deduction the deduction cannot be claimed by HUF when the name of property is that of individual and not in the name of HUF - HELD THAT:- It is pertinent to note that in the first round of assessment u/s 143(3) of the Act, the very issue of claim of exemption under Section 54 of the Act was taken into account and all the aspects of the said issue was considered at that threshold which was thereafter contested by the CIT(A) and the CIT(A) has also passed order dated 03.08.2015 which remain uncontested. Reopening is on the very same issue and, therefore, this is a clear case of change of opinion which cannot be allowed as per ratio laid down in case of CIT vs. Kelvinator of India Limited [2010 (1) TMI 11 - SUPREME COURT] - Decided in favour of assessee.
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