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2018 (10) TMI 936 - HC - Income TaxReopening of assessment - notice has been issued beyond a period of four years from the end of relevant assessment year - claim of deduction u/s 10B - Held that:- There is not even a suggestion on record that there was any failure on part of the assessee to disclose truly and fully all material facts. Only on this ground, impugned notice should have been set aside. Nevertheless, there are additional grounds on which we would like to make few comments. We have recorded the reasons. AO principally alleges is disproportionate bifurcation of expenditures between eligible and non eligible units. He is obviously hinting at inflated profit of eligible unit and deflated profit of non eligible units. Entire issue pertained to assessee's claim of deduction under section 10B of the Act. High Court had noted that this claim was examined by the Assessing Officer in the original assessment proceedings. Not be open for him to reexamine the claim, may be on another aspect or element of the claim being raised through reassessment proceedings. In the present case, yet another element of the claim being cited as a ground for reopening the assessment.We have noticed that during the original assessment, the Assessing Officer had raised multiple queries with respect to this claim.8. Thus the claim having been examined by the Assessing Officer during the assessment proceedings, it would not be open for reopening on such grounds. - Decided in favour of assessee.
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