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2019 (11) TMI 214 - HC - Income TaxReopening of assessment u/s 147 - reason to believe - HELD THAT:- The attention of the court was invited to the detailed submission on the claim made under section 80IA(4) for the Assessment Year under consideration. It was pointed out that after considering the explanation given by the petitioner, the Assessing Officer has, in the Assessment Order dated 05.03.2015 passed under section 143(3) of the Act held that the petitioner fulfills all the conditions for deduction under section 80IA(4) of the Act. It was submitted that at the time of scrutiny assessment, the Assessing Officer has gone into the issue threadbare and hence, it is evident that the respondent seeks to reopen the assessment on a mere change of opinion. It was further pointed out that the assessment is sought to be reopened beyond a period of four years from the end of the relevant assessment year and that, in the absence of any failure on the part of the petitioner to fully and truly disclose all the material facts, the assumption of jurisdiction by the Assessing Officer under section 147 of the Act is without authority of law. Having regard to the submissions advanced by the learned advocate for the petitioner, issue Notice, returnable on 10th December 2019. By way of ad-interim relief, further proceedings pursuant to the impugned notice dated 28.03.2019 issued by the respondent under section 148 of the Income Tax Act, 1961 for the Assessment Year 2012-13 are hereby stayed.
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