TMI Blog2015 (9) TMI 1640X X X X Extracts X X X X X X X X Extracts X X X X ..... excess deduction u/s. 80IA which in turn resulted in short levy of tax - Held that:- Reasons for the reopening of the completed assessment have been duly considered by the AO while making the original assessment order. Therefore, it is clear that no new facts have come to the notice of the AO for reopening a completed assessment. In so far as the claim of the Revenue that sales tax subsidy has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... di Assessee by: Shri Prakash K. Jotwani ORDER N.K. Billaiya, This appeal by the Revenue and the cross objection by the assessee are preferred against the order of the Ld. CIT(A)-18, Mumbai dated 2.8.2013 pertaining to Assessment year 2008-09. 2. The sole grievance of the Revenue is that the Ld. CIT(A) erred in quashing the proceedings u/s. 147 of the Act. The claim of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the present year, the reopening is less than 4 years and therefore the proviso is not applicable. 6. Having heard the rival submissions, we have carefully perused the orders of the authorities below. We find force in the claim of the DR that in the year under consideration, the reopening was within 4 years. However, in the light of the factual matrix of the case in hand, wherein, the reopeni ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... asons for the reopening of the completed assessment have been duly considered by the AO while making the original assessment order. Therefore, it is clear that no new facts have come to the notice of the AO for reopening a completed assessment. 8. In so far as the claim of the Revenue that sales tax subsidy has no direct nexus with the business of the assessee has already been decided by the Tr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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