E-Infochips Limited vs Deputy Commissioner Of Income Tax on 28 April, 2017
He has
also relied upon a decision of Division Bench of this
Court in the case of Gujarat Lease Financing
Limited vs. CIT, reported in 360 ITR 496 [Gujarat] as
well as another decision of Division Bench of this Court
in the case of Vodafone West Limited, reported in
[2013] 354 ITR 572 [Gujarat]. It is further submitted by
Shri B.S Soparkar, learned advocate for the petitioner
that as is evident from the reasons recorded, the
Assessing Officer has not come across any new
external tangible material based on which he now
proposes to form a fresh opinion on the issue. It is
submitted that from the assessment records, he has
now sought to change his earlier opinion which
amounts to change of opinion and is not permissible. It
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C/SCA/5746/2017 JUDGMENT
is further submitted that even otherwise, with respect
to some of the earlier/previous years, the claim of the
assessee under Section 10B of the Act has been
granted, which has not disturbed by the Assessing
Officer. It is submitted that therefore, once the
assessee is allowed deduction in the first year then
without disturbing the disallowance in the initial year,
the subsequent years cannot be disturbed. It is further
submitted that a similar notice for reopening for A.Y
2008-2009 has been quashed and set-aside by the
Division Bench of this Court in Special Civil Application
No. 13860 of 2014 by observing that there was no
failure on the part of the petitioner to truly and fully
disclose all the material facts.