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TMI Blog2021 (3) TMI 954X X X X Extracts X X X X X X X X Extracts X X X X ..... anathan, SSC assisted by Mr.S.Rajesh, JSC For Respondent: Mr.G.Baskar assisted by Ms.S.Sriniranjani JUDGMENT T.S. Sivagnanam, J This appeal, filed by the Revenue under Section 260A of the Income Tax Act, 1961 ('the Act' for brevity) is directed against the order dated 19.06.2018 made in ITA.No.2651/Chny/2017 on the file of the Income Tax Appellate Tribunal, Madras 'D' Bench (& ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ondent. 4. The short issue, which falls for consideration, is whether the reopening of the assessment done by the Assessing Officer culminated in the assessment order dated 30.12.2016 was valid. 5. As could be seen from the assessment order, the reason for reopening is as hereunder: "The expenditure in relation to income not includable in total income under Sec. 14A was calculated as per claus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessee went before the Tribunal and the Tribunal, by the impugned order, has allowed the appeal holding that the reassessment proceeding was a clear case of change of opinion. Aggrieved by the order passed by the Tribunal, the Revenue has filed the present appeal. 7. Mr.R.Karthik Ranganathan, learned Senior Standing Counsel would place heavy reliance on the decision of the Hon'ble Supreme Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssment. If such is the admitted factual position, the reason for reopening, stating that expenditure in relation to income not includable in total income under Section 14A of the Act should be calculated as per Clause (ii) of Rule 8D(2), would clearly amount to change of opinion. 9. The stand taken by the Revenue before us by placing reliance on the decision in the case of P.V.S. Beedies P. Ltd. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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