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TMI Blog2023 (8) TMI 1345X X X X Extracts X X X X X X X X Extracts X X X X ..... at is evident from reading the reasons and the order disposing the objections is that the author of these communications is the very same Officer who in response to a notice u/s 142 having been satisfied with the explanation given by the petitioner vide its communication passed an assessment order, accepting the explanation tendered by the petitioner in the communication. This case can be no better example of a case where an Officer at the drop of the hat has sought to change his opinion which is contrary to the decision of the Supreme Court in the case of CIT Vs. Kelvinator of India Ltd. [ 2010 (1) TMI 11 - SUPREME COURT] Petition is allowed. - HONOURABLE MR. JUSTICE BIREN VAISHNAV AND AND HONOURABLE MR. JUSTICE BHARGAV D. KARIA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the loan was utilized for Undertaking situated within the Special Economic Zone and therefore, entitled to a exemption under Section 10 AA of the Income Tax Act, 1961 (for short the Act ). It is the case of the petitioner that pursuant to the notice issued under Section 142 of the Act, where an inquiry was made with regard to the claim under Section 10 AA of the Act, an explanation was rendered by the petitioner on 01.11.2019. On the basis of this explanation, the respondent passed an order under Section 143 (3) of the Act on 21.12.2019 determining total income of the petitioner at Rs. 82,37,14,489/-. 5. On 20.03.2021, by the impugned notice for the Assessment Year 2017-18, the author of the notice based on the assessment records for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... what is noticeable is that in coming to the conclusion that the petitioner was not entitled or not eligible for exemption under Section 10 AA of the Act and that the assessee had wrongly claimed the exemption, what is evident from reading the reasons and the order disposing the objections is that the author of these communications is the very same Officer who in response to a notice under Section 142 of the Act having been satisfied with the explanation given by the petitioner vide its communication dated 01.11.2019 passed an assessment order, accepting the explanation tendered by the petitioner in the communication of 01.11.2019. 10. This case can be no better example of a case where an Officer at the drop of the hat has sought to chang ..... X X X X Extracts X X X X X X X X Extracts X X X X
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