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2022 (3) TMI 905 - HC - Income TaxReopening of assessment u/s 147 - excess weighted deduction under section 35(2AB) - HELD THAT:- In computation of income in assessment order, Disallowance after excess weighted deduction under section 35(2AB) has been added to the income of the petitioner. Therefore, the JAO has grossly erred in alleging in the reasons recorded for reopening that petitioner had claimed deduction of disallowed amount by DSIR and that there has been failure to disclose fully and truly all the material facts. Hence, the said amount of weighted deduction is required to be added to the income and that has escaped assessment. As noted earlier in the assessment order this amount is already added to the income. When these facts were brought to the notice of JAO in the objection dated 26.11.2021 fled through petitioner’s Chartered Accountant in the order dated 24.01.2022 impugned in this petition, disposing petitioner’s objection JAO has conveniently chosen not to deal with the submissions of petitioner on merits. - Decided in favour of assessee.
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