TMI Blog2020 (10) TMI 1156X X X X Extracts X X X X X X X X Extracts X X X X ..... ee itself had withdrawn the claim under Section 80IA of the Act for the Assessment Year 2001- 02. In the proceedings under Section 148 of the Act also, the assessee had filed the return stating that the return filed on 23.02.2004 should be treated as response to the notice under Section 148 of the Act and the assessee had filed revised return withdrawing the claim under Section 80IA of the Act in respect of Tribunal erred in holding that the reopening of the assessment under Section 147 of the Act was beyond 4 years and was barred by limitation. - Decided in favour of the revenue. - I.T.A. NO.155 OF 2010 - - - Dated:- 13-10-2020 - HON BLE MR. JUSTICE ALOK ARADHE AND HON BLE MR. JUSTICE H.T.NARENDRA PRASAD ... APPELLANTS (BY S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cables, which claim was not considered by taking into account the entire evidence recorded by the Assessing Officer? 3. Facts giving rise to the filing of this appeal briefly stated are that the assessee is a Company carrying on the business of manufacture and supplying ACSR conductors for transmission / distribution of power lines. The assessee filed the return of income for the Assessment Year 1998-99 claiming deduction under Section 80IA of the Act. The Assessing Officer, by an order dated 16.03.2001, determined the assessee s income at ₹ 1,39,66,050/-. The Assessing Officer, while computing the assessment for the Assessment Year 2001-02, conducted a survey under Section 133A of the Act at Tumkur unit of the assessee. It was fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Year 1998-99. 4. The Assessing Officer passed an order on 27.02.2007 in which the claim of the assessee under Section 80IA of the Act was disallowed. Being aggrieved, the assessee filed an appeal. The Commissioner of Income Tax (Appeals), by an order dated 25.03.2008, inter alia, held that the notice under Section 148 of the Act was issued on 08.04.2004 that is beyond a period of 4 years after 31.03.2003 which is in contravention of Section 147 of the Act as in the original return the aforesaid item of deduction was disclosed and the same only amounted to change of opinion which is impermissible in law. The Commissioner of Income Tax (Appeals), therefore, set aside the order by which the assessment was reopened. Being aggrieved, the reve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessment. It is also argued that the assessee while filing the return in compliance to the notice under Section 148 of the Act, has accepted its ineligibility to claim deduction under Section 80IA of the Act which shows that the original return was not true and correct. It is also contended that the condition for invocation of reopening of the assessment was complete in the facts of the case and the finding recorded by the Tribunal that no material was found during the course of survey under Section 133A of the Act is factually incorrect and is perverse. In support of his submissions, he has placed reliance on the decision of the Supreme Court in the case of COMMISSIONER OF INCOME-TAX, DELHI Vs. KELVINATOR OF INDIA LTD. (2010) 320 ITR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essee in the statements recorded under Section 131 of the Act, that the unit at Tumkur was an old unit and the claim of deduction under Section 80IA of the Act was not correct and the assessee itself had withdrawn the claim under Section 80IA of the Act for the Assessment Year 2001- 02. In the proceedings under Section 148 of the Act also, the assessee had filed the return stating that the return filed on 23.02.2004 should be treated as response to the notice under Section 148 of the Act and the assessee had filed revised return withdrawing the claim under Section 80IA of the Act in respect of the Assessment Year 1998-99. 8. For the aforementioned reasons, the Tribunal erred in holding that the reopening of the assessment under Section 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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