2021 (4) TMI 392

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....tal 5 grounds in this appeal. Ground No.1 and 5 are general in nature, which do not require specific adjudication. 3. Ground No.2 is related to the validity of assessment made u/s 148 of the Income Tax Act, 1961 (in short 'Act'). 4. Ground No.3 is related to the sustaining the addition by the Ld.CIT(A) relating to disallowance of deduction u/s 80IB(11C) of the Act. 5. Ground No.4 is with regard to charging of interest of Rs. 3,66,804/- u/s 234B of the Act. 6. We take up ground No.2 first, which is related to the validity of assessment made u/s 148, since, it goes to the root of the assessment. In the instant case, the assessment was originally completed u/s 143(3) by an order dated 30/03/2015 and the same is furnished as page No....

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....d.CIT(A), but not succeeded. Hence, the assessee is in appeal before us. 8. During the appeal hearing, the Ld.AR submitted that the assessee has complied with all the conditions laid down u/s 80IB(11C) of the for claiming the deduction u/s 80IB and hence, allowed the deduction in original assessment after verifying the details. The Ld.AR submitted that the hospital building was completed within 3 years from the date of approval accorded by the municipal corporation i.e., the first day of 2011 i.e 01/01/2011. Since, there was no mention of the month in the completion certificate issued by Municipality, the present AO misunderstood that the building was not completed before December 2011. The assessee furnished the municipal tax receipts, ....

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....tion. The Ld.AR submitted that no fresh information was received by the AO to reopen the assessment. The AO revisited the same information which was already available in the file and taken different view and reopened the assessment. The assessee has taken our attention to paper book, the questionnaire issued by the AO, the assessment order made u/s 143(3) in original assessment and argued that reopening of assessment is nothing but difference of opinion. Therefore, argued that there is no reason to reopen the assessment and hence, requested to quash the assessment made u/s 143(3) r.w.s. 147 of the Act. 9. On the other hand, the Ld.DR supported the orders of the lower authorities. 10. We have heard both the parties and perused the mate....

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....tant case, the AO examined the issue with regard to allowability of deduction u/s 80IB(11C) in the original assessment itself and allowed the deduction. With regard to completion of construction hospital, number of beds and the Accountant's certificate etc., the AO had examined the details in the initial assessment year as well as in the year under consideration and then allowed the deduction. Therefore, reopening of assessment was on the basis of information that was already available on record and no fresh information was received by the AO. Revisiting the same issue which was already considered in original assessment and taken the decision amounts to difference of opinion and on difference of opinion the reopening of assessment is not pe....