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2017 (1) TMI 930 - BOMBAY HIGH COURT

2017 (1) TMI 930 - BOMBAY HIGH COURT - TMI - Reopening of assessment - change of opinion - Revenue's grievance is that there was no application of mind by AO to the assessee's claim for deduction u/s 80IB(8A) during the regular assessment proceedings for subject assessment years under Section 143(3) - Held that:- In all orders passed under Section 143(3) during the regular assessment proceedings for the subject assessment years, AO records the fact that the assessee's claim for deduction under S .....

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ars 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 Divakar for the appellant Mr. Prakash Shah a/w Mr. Jas Sanghavi i/b PDS Legal fo .....

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, the Tribunal was justified in holding the initiation of reassessment proceedings as bad in law and consequently cancelling the reassessment completed by the Assessing Officer under Section 143(3) r/w Section 147 of the I.T. Act without appreciating the fact that the reassessment proceeding was not initiated merely on the change of opinion but was initiated on the basis of the facts of the case and as per the provisions of the Act. (ii) Whether on the facts and in the circumstances of the case .....

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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 recor .....

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accepted by the Assessing Officer and for all the subject assessment years proceeded to pass an order under Section 143(3) r/w 147 of the Act, holding that on merits, the respondent assessee is not entitled to the benefit of deduction under Section 80IB(8A) of the Act. (c) Being aggrieved, the respondent assessee filed an appeal to the Tribunal. By the impugned order, the Tribunal held that the reopening notices were without jurisdiction as it emanates from a change of opinion. The impugned orde .....

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here was no application of mind by the Assessing Officer to the respondent assessee's claim for deduction under Section 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 i .....

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