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TMI Blog2025 (1) TMI 283X X X X Extracts X X X X X X X X Extracts X X X X ..... l aware about the primary facts and the deduction claimed u/s 80IA of the Act. In the re-assessment proceedings no new material was provided by the assessee, the re-assessment cannot be re-opened merely because subsequently the assessing officer changes his opinion. Because the assessee company has furnished full and truly particulars at the time of original assessment and the assessing officer applied his mind to the material and accepted the view canvassed by the assessee, then mere change of opinion the assessment cannot be re-opened - Re-opening of assessment of the assessee company is bad in law and liable to be quashed. Appeal of the assessee is allowed. - Shri S. Rifaur Rahman, Accountant Member And Shri Sudhir Kumar, Judicial Memb ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -speaking. Ground No. 3: 3.1 That on the Dots and in the circumstances of the cave not in low, Ld. CITT (A) confirming the re computing the deduction claimed confer Section 3A of the Act and in contravention of the provision of the Act. 3.2 Than on the facts and in the circumstances of the case and in law, the ld. CIT(A) has erred in confirming the mechanism for set off of brought forward unabsorbed depreciation of Rs. 28,76,36,805 pertaining to AY 2008-09 in contravention of provisions of the Act. 3.3 Without giving a reasonable opportunity, the ld. CIT (A) has erred in holding entice income is not derived from the industrial undertaking eligible for deduction under section S01A of the Act. In doing so, the Ld. CIT (A) ignored the fact tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 28,76,36,810/- under the normal provision of the Act. Subsequently, the assessee e-filed a revised return of income on 28-09-2022 declaring income Nil after declaring set-off of brought forward unabsorbed depreciation of Rs. 28,76,36,810/-. The return of income of the assessee was selected for scrutiny and notice under Section 143(2) of the Act was issued on 20-08-2013, which was duly served upon the assessee company. After considering the reply submitted by the assessee company the ld. Assessing officer completed the assessment under Section 143(3) of the Act on 10-02-2015 and made the addition of Rs. 9,07,57,000/-. Aggrieved with the order of the ld. Assessing officer, the assessee company has filed the appeal before the Ld.CIT(A), who v ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , accountant s report in form 10CCB etc. He has relied the case of Commissioner of Income-Tax-VI, New Delhi vs Usha International Ltd. [2012] 25 taxmann.com 200 (Delhi) In this case the following substantial question of law have been referred to the full Bench : (1) What is meant by the term change of opinion? (ii) Whether assessment proceedings can be validly reopened under Section 147 of the Act, even within four year, if an assessee has furnished full and true particulars at the time of original assessment with reference to income alleged to have escaped assessment and whether and when in such cases reopening is valid or invalid on the ground of change of opinion? (iii) Whether the bar or prohibition under the principle change of opinion ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s concluded by the judgment of the Full Bench of this court in Kelvinator of India Ltd. (supra). 9. In the case of CIT vs Kelvinator of India Ltd. [2002] 256 ITR 1(Delhi), the Full Bench of the Hon ble High Court held as under; It is well-settled principle of interpretation of statues that the entire statute should be read as a whole and the same has to be considered thereafter chapter by chapter and then section by section and ultimately word by word. It is not in dispute that the Assessing Officer does not have any jurisdiction to review his own order. His jurisdiction is confined only to rectification of mistakes as contained in section 154 of the Income-tax Act, 1961. The power of rectification of mistakes conferred upon the Income-tax ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... change of opinion cannot form the basis for reopening a completed assessment. An order of assessment can be passed either in terms of subsection (1) of section 143 or sub-section (3) of section 143. When a regular order of assessment is passed in terms of the sub-section (3) of section 143 a presumption can be raised that such an order has been passed on application of mind. It is well known that a presumption can also be raised to the effect that in terms of clause (e) of section 114 of the Indian Evidence Act, 1872, judicial and official acts have been regularly performed. If it be held that an order which has been passed purportedly without application of mind would itself confer jurisdiction upon the Assessing Officer to reopen the pro ..... X X X X Extracts X X X X X X X X Extracts X X X X
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