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2021 (6) TMI 817 - ITAT BANGALOREReopening of assessment u/s 147 - AO has expressed the view that the “Provision for Standard assets” cannot be claimed u/s 36(1)(via) - HELD THAT:- AO having allowed the claim of the assessee in the original assessment proceedings, has reopened the assessment on mere change of opinion. Further, the view expressed the AO on the deduction available u/s 36(1)(via) is also, in our opinion, not a correct view The Hon’ble Delhi High Court in the case of Kelvinator of India Ltd. [2002 (4) TMI 37 - DELHI HIGH COURT] has held that the reopening of assessment upon mere change of opinion is not valid in law. Accordingly, we are of the view that there is merit in the contention of the assessee that reopening of assessment is not valid. Accordingly, we set aside the order passed by Ld. CIT(A) on this issue and hold that the reopening is bad in law. Appeal filed by the assessee is allowed.
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