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2021 (1) TMI 536 - AT - Income TaxReopening of assessment - addition u/s 40(a)(ia) for non deduction of TDS - HELD THAT:- Assessee disclosed all the primary facts with regard to deduction claimed on account of interest paid on loans at the original assessment stage and is considered by the AO also at original assessment stage, therefore, there is no failure on the part of the assessee to disclose fully and truly all material facts necessary for that assessment. Assessee also filed return of income originally on dated 30.09.2008 u/s 139 of the Act and four years have expired from the relevant assessment order, therefore, first proviso to section 147 would apply in favour of the assessee and no assessment could have been reopened in such circumstances against the assessee. Reasons recorded u/s 148 clearly show that assessment already framed u/s 143(3) has been reopened because of omission on the part of the AO to make addition in the original assessment order. Hon’ble Delhi High Court in the case of Techman Buildwell [2014 (2) TMI 1169 - DELHI HIGH COURT] held that AO’s omission sole basis of initiating proceedings u/s 148 of the Act, notice not valid. At the original assessment stage AO considered the issue of claim of deduction on account of interest to the banks and others and as such, on mere change of opinion AO could not have reopened the assessment. Thus, the omission of the AO to make disallowance of the full interest now is not permissible in law. Appeal of assessee is allowed.
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