TMI Blog2015 (8) TMI 852X X X X Extracts X X X X X X X X Extracts X X X X ..... n II to Section 147, computation of any allowance in excess of the permissible limits, can be ordered as a case where income chargeable to tax had escaped assessment. But, can that form the basis for re-opening of assessment is a most fundamental question to be answered. It is well settled that merely because another Assessing Officer finds some thing wrong with the order of assessment passed b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 60(A) of the Income Tax A ct, 1961. 2. Heard Mr.T.Ravikumar, learned counsel for the appellant. 3. The respondent assessee filed a return of income on 27.10.2004 for the assessment year 2004-05, on a gross total income of ₹ 2,47,37,757/-. He claimed a deduction of ₹ 71,64,030/- under Section 80 HHC. 4. The respondent was also earlier assessed under Section 143(3) on 31.03.2006 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 009 would show that what the Assessment Officer had chosen to do it only to re-open the assessment, on a change of opinion. The relevant portion of the order of the Assessing Officer dated 29.12.2009 would make this position very clear. Hence, it is extracted as follows:- The assessee firm is in garments business and its total sale is export sale. Assessee claimed a deduction u/s 80 HHC for & ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... law, pure and simple, may be correct in his submissions that under clause (c)(iv) under Explanation II to Section 147, computation of any allowance in excess of the permissible limits, can be ordered as a case where income chargeable to tax had escaped assessment. But, can that form the basis for re-opening of assessment is a most fundamental question to be answered. 9. It is well settled that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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