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2019 (6) TMI 615

act recorded by the Appellate Tribunal is that no new material has surfaced on the basis of which the assessment proceedings could be reopened. It appears that the reopening was clearly on account of change of opinion by the AO and this is something which is not permissible under the scheme of the Act. This principle has been well explained by this court in the above referred decision in the case of Gujarat Power Corporation [2012 (9) TMI 69 - GUJARAT HIGH COURT] . - appeal of revenue is dismissed - R/TAX APPEAL NO. 7 of 2019 - 10-6-2019 - MR J. B. PARDIWALA, J. For The Appellant (s) : MRS MAUNA M BHATT (174) ORAL ORDER (PER : HONOURABLE MR.JUSTICE J.B.PARDIWALA) 1. This is an appeal at the instance of the Income Tax Department under Sectio .....

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al vide an order dated 11.07.2018 allowed the appeal preferred by the assessee. 5. Being dissatisfied with the order passed by the Income Tax Appellate Tribunal, the department is here before this court with the present appeal. 6. The appellant has proposed the following substantial questions of law in its memorandum of the appeal. [A] Whether the Appellate Tribunal has erred in law and on facts in dismissing the reassessment order passed by Assessing Officer stating that it is merely on change of opinion subsequent to original assessment framed u/s 143(3) of the Act ? [B] Whether the Appellate Tribunal has erred in ignoring the findings of CIT(A) in his order which show that the assessee had merely furnished a very cryptic reply and that t .....

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, notices a claim of exemption, deduction or such like made by the assessee, having some prima facie doubt raises queries, asking the assessee to satisfy him with respect to such a claim and thereafter, does not make any addition in the final order of assessment, he can be stated to have formed an opinion whether or not in the final order he gives his reasons for not making the addition. 6. Having noticed the fact that the Assessing Officer had raised specific questions vide requisite notice dated 15.10.2010 with respect to allowability on loss on sale of stores and that the assesses had explained the same - without any follow-up question by the Assessing Officer in this regard, in our considered view, the Assessing Officer had indeed forme .....

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