2018 (12) TMI 1608

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....Devani, 1. Mr. Tushar Hemani, learned advocate for the petitioner has drawn the attention of the court to the reasons recorded for reopening the assessment, to submit that according to the Assessing Officer, the petitioner has claimed excess deduction of Rs. 57,71,499/- under section 10AA of the Income Tax Act, 1961 which was liable to be taxed in the hands of the partners. It was submitted tha....

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.... disallowed the claim for exemption under section 10AA of the Act against which the petitioner went in appeal before the Commissioner (Appeals) who allowed such deduction. It was submitted that, therefore, this very issue had been gone into by the Assessing Officer and thereafter, by the Commissioner (Appeals), and hence, the reopening of assessment is based on a mere change of opinion. 2. It w....

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....wed the claim of deduction under section 80-IA(4) of the Act in its entirety, it would thereafter not be open for the Assessing Officer to reopen this very claim for possible disallowance or part thereof on some additional ground. It was submitted that the above decision would be squarely applicable to the facts of the present case and therefore also, the reopening of assessment by issuing the imp....