https://www.taxtmi.com/caselaws?id=447451 Karnataka HC held that reassessment notice u/s 147 was invalid on multiple grounds. The assessee had fully disclosed primary facts regarding technical services and claimed Section 10A deduction. The AO's failure to draw proper legal inferences during original assessment cannot constitute non-disclosure. The reassessment was based on borrowed satisfaction from AY 2008-09 proceedings and constituted impermissible change of opinion. Additionally, the notice was barred by third proviso to Section 147 due to pending appeals. The court emphasized that once primary facts are disclosed, determining nexus between technical services and STP unit remains AO's responsibility through further investigation. en-us Tue, 19 Dec 2023 00:00:00 +0530 Mon, 10 Jun 2024 10:53:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=447451 Karnataka HC held that reassessment notice u/s 147 was invalid on multiple grounds. The assessee had fully disclosed primary facts regarding technical services and claimed Section 10A deduction. The AO's failure to draw proper legal inferences during original assessment cannot constitute non-disclosure. The reassessment was based on borrowed satisfaction from AY 2008-09 proceedings and constituted impermissible change of opinion. Additionally, the notice was barred by third proviso to Section 147 due to pending appeals. The court emphasized that once primary facts are disclosed, determining nexus between technical services and STP unit remains AO's responsibility through further investigation. Case-Laws Income Tax Tue, 19 Dec 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=447451