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2019 (8) TMI 1133 - HC - Income TaxReopening of assessment u/s 147 - reason to believe - the audit report was not filed electronically in Form 10CCB for claiming deduction u/s 80IA - the same was already disallowed in intimation passed u/s 143 (1) - HELD THAT:- The Court finds that in the objection raised by the Petitioner vide letter dated 7th May, 2019 addressed to the AO, the Petitioner clearly stated that ‘the case was processed u/s 143(1) disallowing the deduction claim u/s 80IA(4)(iv)(a) of ₹ 1,24,04,182/- and demand of ₹ 42,83,943/- has been raised.’ There is an obvious non-application of mind by the AO to the above fact. If indeed the above deduction claimed by the Petitioner was not allowed in the first instance, and the intimation sent to the Petitioner u/s 143(1) indicated this, then the question of any income escaping assessment on that score did not arise. - the impugned notice sets aside - Decided in favour of assessee.
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