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2017 (8) TMI 245 - HC - Income TaxReopening of assessment - retrospective effect on amendment to provisions of Section 115JB - Held that:- The assessment was completed on 22.02.2006. The reassessment under Section 143(3) r/w Section 147 was completed on 26.12.2008. The claim of the assessee was allowed in the original assessment and the decision of the Assessing Officer was supported by various judicial pronouncements. The Tribunal relied upon the judgment of this Court in case of Rallis India (2010 (3) TMI 164 - BOMBAY HIGH COURT) to state that retrospective amendment could not have been the sole ground for reopening of the assessment. Clause (i) of the Explanation I to Section 115JB of the Act was brought into force by Finance Act, 2009 with retrospective effect from 01.04.2001. The probable view was taken by the Assessing Officer. It is observed that the judgment of this Court in case of Rallis India (supra) would apply to the present case also. No substantial question of law
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