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TMI Blog2017 (7) TMI 775X X X X Extracts X X X X X X X X Extracts X X X X ..... or non disclosure of material on the part of Assessee. No new material has come and only a different view was taken by A.O. in respect of subsequent Assessment Year which has been taken a basis for reopening of assessments already made final after scrutiny, by A.O. This cannot be said to be a valid exercise of powers under Section 147/148 and in our view, Tribunal has rightly confirmed the view taken by CIT(Appeals)-III against Revenue. - Income Tax Appeal No. 109-110 of 2016 - - - Dated:- 7-7-2017 - Hon'ble Sudhir Agarwal And Hon'ble Dr. Kaushal Jayendra Thaker, JJ. For the Appellant : Ghan Shyam Chaudhary ORDER ( Delivered by Hon'ble Sudhir Agarwal, J. under Chapter VII Rule 2 of Allahabad High Court Rules, 19 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of ₹ 5,52,38,86,150/- after claiming deduction of ₹ 92,22,86,740/- under Section 80IA of Act, 1961. A.O. vide order dated 31st December, 2010 passed order under Section 143(3) of Act, 1961 and assessed total income at ₹ 5,64,15,24,255/- after allowing deduction of ₹ 92,22,86,740/- under Section 80IA of Act, 1961. 6. It appears that in respect of A.Y. 2009-10, A.O. for the first time, disallowed deduction claimed by Assessee under Section 80IA of Act, 1961 vide order dated 30th December, 2011. 7. In view of above, A.O. issued notice under Section 148 of Act, 1961 on 18th April, 2012 in relation to A.Y. 2008-09 and 15th January, 2013 in relation of A.Y. 2007-08 after taking prior approval of Commissioner of Inc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that issues raised in these appeals are different and have wrongly connected with Income Tax Appeal No. 6 of 2016. On this aspect, Sri Namit Sharma appearing for respondent also did not raise any objection. 12. However, both learned counsel for the parties at the outset stated that only substantial question of law needs to be examined in this case is, whether re-assessment proceedings initiated by A.O. in respect of A.Y. 2007-08 and A.Y. 2008-09 on the basis of the view taken for A.Y. 2009-10 can be said to be valid exercise of powers or it is nothing but a review which was not permissible. 13. We find that even in respect of A.Y. 2009-10, disallowance of deduction under Section 80IA by A.O. by order dated 30th December, 2011 has be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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