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2018 (2) TMI 61 - HC - Income TaxReopening of assessment - disallowance u/s 80-IB(8A) - change of opinion - Held that:- It is pertinent note that the Assessing Officer while reworking the deduction has observed that “The detailed scrutiny of the claim of the assessee revealed that while claiming the deduction the assessee has not excluded the “notice pay income” and “other income” being not eligible for deduction under section 80IB of the Income Tax Act, 1961”. The said observation belies the contention of the department that no detailed analysis was done by AO in the original scrutiny in relation to the activities carried out by the petitioner. As observed in the preceding paragraphs, the petitioner had supplied all the details of the activities in response to the notice dated 12.11.2012. Thus, it can be assumed that the claim of the petitioner was processed in detail. The assessment cannot be reopened by forming an opinion that the activities carried on by the petitioner was professional service of research not leading to technology development only on the basis that the Assessing Officer failed to raise a particular question to that effect. The earlier claim of deduction was examined and processed after calling for detailed explanation from the petitioner, and the same was accepted after forming an opinion on the activities carried out by the Company. There was no failure on the part of the petitioner as to full and true disclosure. The aforesaid analysis unveils that the reopening the petitioner's case for reassessment under section 147 of the Act is based on change of opinion and hence, the same is not justifiable as per the settled position of law. - Decided in favour of assessee.
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