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TMI Blog2014 (11) TMI 813X X X X Extracts X X X X X X X X Extracts X X X X ..... t the AO can reopen an assessment on mere change of opinion - the concept of 'Change of Opinion' must be treated as an in-built test to check the abuse of power - while allowing the claim of the assessee u/s 80HHC, detailed inquiry was made and only after verifying the assessee's contention, which was found to be correct, the AO had allowed the claim of the assessee - It goes without saying that once a query was raised and it was answered satisfactorily by the assessee at the time of original assessment and when the same attained finality, after the AO gave his clear finding in favour of the assessee, it was not open to the AO to reopen the assessment – the order of the Tribunal is upheld – Decided against revenue. - TAX APPEAL NO. 1152 of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... framed in this appeal, which read as under, arise for the consideration of this Court; (1) Whether on the facts and circumstances of the case and in law, the ITAT was justified in holding the reopening of assessment u/s 147 as invalid and quashing the same by relying on the decision of the Hon'ble Gujarat High Court in the case of Gujarat Power Corporation Ltd. Reported in 350 ITR 266 (Guj.), without taking cognizance of para 48 of the judgment, wherein, it has been held that a claim of deduction u/s 80HHC of the Act would have various parameters and if one of the parameters is scrutinized or accepted either with or without reasons, that by itself may not mean that the entire claim of deduction u/s 80HHC of the Act stood v ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this Court in the case of GUJARAT POWER CORPORATION LTD. (Supra) also placed reliance on a subsequent decision of the Hon'ble Apex Court in the case of COMMISSIONER OF INCOME TAX VS. KELVINATOR OF INDIA LTD. , [2010] 320 ITR 561, wherein, the Apex Court observed that the concept of 'Change of Opinion' on the part of AO to reopen the assessment does not stand obliterated after the substitution of Section 147 of the Income Tax Act, 1961, by the Direct Tax Laws (Amendment) Acts, 1987 and 1989 and that after the amendment, the AO has to have reason to believe that income has escaped assessment, but, this does not imply that the AO can reopen an assessment on mere change of opinion. The concept of 'Change of Opinion' must ..... X X X X Extracts X X X X X X X X Extracts X X X X
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