2010 (9) TMI 197

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....s is an application for condonation of delay in re-filing the appeal. For the reasons stated in the application, delay in re-filing the appeal is condoned. Accordingly, application stands disposed of. 1. The present appeal has been filed under Section 260A of the Income Tax Act,1961 (for brevity "Act") challenging the order dated 18th July, 2008 passed by the Income Tax Appellate Tribunal....

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....ort "AO") under Section 142(1) of the Act. In fact, the AO before concluding the assessment proceedings under Section 143(3) of the Act had considered the said issue in detail and only thereafter allowed the said deductions. Consequently, we are of the opinion that in the present case, re-assessment has been initiated on the basis of mere change of opinion - which is not permissible under the Act.....

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.... a return under section 139 or in response to a notice issued under sub-section (1) of section 142 or section 148 or to disclose fully and truly all material facts necessary for his assessment, for that Assessment Year." 6. From a plain reading of the above proviso, it is apparent that where an assessment under Section 143(3) has been made, as in the present case, no action can be taken under S....