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2014 (4) TMI 25 - ITAT DELHIValidity of reopening of assessment u/s 147 of the Act - Whether the CIT(A) has erred in holding the reopening of assessment as bad in law – Held that:- The reopening of assessment u/s 147 and 148 of the Act is not permissible beyond four years of limitation as per provisions of the Act – Held that:- The CIT(A) was of the view that the reopening of completed assessment on the issue of testing and coordination charges and third party inspection charges and accreditation charges was only on change of opinion on these issues by the subsequent AO because these issues were already examined and looked into by the AO who completed the original assessment u/s 143(3) of the Act - these two issues were already examined and looked into by the A.O. who completed the original assessment order u/s. 143(3) of the Act. The belief formed by subsequent AO on these two issues was nothing but mere change of opinion – Relying upon Commissioner of Income Tax, Delhi Versus M/s. Kelvinator of India Limited [2010 (1) TMI 11 - SUPREME COURT OF INDIA] - the reopening on the basis of change of opinion is not permissible under the Act and Law - the notice of reassessment u/s 148 of the Act issued on 28.03.2008 was issued after the four year limitation time as stipulated in section 149(1)(a) of the Act - notice of reopening of assessment u/s 148 of the Act was also not sustainable and without jurisdiction – thus, the order of the CIT(A) upheld – Decided against Revenue.
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