TMI Blog2017 (1) TMI 930X X X X Extracts X X X X X X X X Extracts X X X X ..... 8A) of the Act then this. Therefore, in the facts of this case, it is not to be presumed that the Assessing Officer had applied his mind to the respondent assessee's claim for deduction under Section 80IB(8A) of the Act when assessment orders were passed under Section 143(3) of the Act for the subject assessment years as it has in fact been considered therein. Thus, this is a clear case of change of opinion. Consequently, the reopening notices issued for the subject assessment years are without jurisdiction as they are founded upon a change of opinion. - Decided n favour of assessee - Income Tax Appeal No. 1281, 1282, 1283, 1295 of 2014 - - - Dated:- 9-1-2017 - M. S. Sanklecha And A. K. Menon, JJ. Mr. Ashok Kotangle a/w Ms. Padma D ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g officer appropriately as per the provisions of the Act. 3. Regarding question (i) : (a) The respondent is a company engaged in the business of clinical research of pharmaceutical products. For the subject assessment years, the respondent had filed its returns of income and the same were assessed to tax under Section 143(3) of the Act. (b) Thereafter, on 26th March, 2009, notices under Section 148 of the Act were issued to the respondent assessee seeking to reopen the assessment for the subject assessment years. The reasons recorded in support of the impugned notice was that on examination of the record, it was found that the respondent assessee was not entitled to the benefit of deduction under Section 80IB(8A) of the Act. Thi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 80IB(8A) of the Act during the regular assessment proceedings for subject assessment years under Section 143(3) of the Act. Consequently, there could be no occasion for a change of opinion as no opinion had been earlier in respect of deduction under Section 80IB(8A) of the Act while passing the orders under Section 143(3) for the subject assessment years. (e) We find that in all orders passed under Section 143(3) of the Act, during the regular assessment proceedings for the subject assessment years, the Assessing Officer records the fact that the assessee's claim for deduction under Section 80IB(8A) were examined in detail and found to be in order. There can be no clear case of application of mind to the respondent assessee's c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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