TMI Blog2019 (2) TMI 175X X X X Extracts X X X X X X X X Extracts X X X X ..... deal with the issue of sales tax benefit given by the State Government is revenue in nature but cannot qualify for deduction under Section 80IA as it is not derived from the Industrial undertaking which forms the basis of the recorded reasons to issue the reopening notice dated 7th July, 2013. In the above facts, the impugned order hold that this would be a clear case of change of opinion. Therefo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt : Mr.R. Murlidhar i/by Mr.Atul Jasani ORDER P.C.: 1. This Appeal under Section 260A of the Income Tax Act, 1961 (the Act), challenges the order dated 15th September, 2015 passed by the Income Tax Appellate Tribunal (the Tribunal). This Appeal relates to Assessment Year 200809. 2. The Revenue urges the following two questions of law for our consideration: 1. Whether in law ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s under Section 143(3) of the Act the Assessing Officer had occasion to deal with the issue of sales tax benefit given by the State Government is revenue in nature but cannot qualify for deduction under Section 80IA of the Act as it is not derived from the Industrial undertaking which forms the basis of the recorded reasons to issue the reopening notice dated 7th July, 2013. In the above facts, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e issue which is the basis of the reopening notice (as reflected in the recorded reasons), earlier in the regular assessment proceedings under Section 143(3) of the Act, then the notice for reopening would be a case of reviewing the earlier order. This is not permitted to held by the Supreme Court in CIT Vs. Kelvinator of India Limited (320 ITR 561) which observed as under : We must als ..... X X X X Extracts X X X X X X X X Extracts X X X X
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