Case Law Details
As regards Assessment Years 2007-08 and 2008-09, the notices re-opening the assessment are admittedly within a period of four years. At the same time, a fundamental aspect which must be emphasised is that the first year in respect of which a claim for deduction under section 80IB was made was 2004-05. The claim was allowed. As noted earlier, the re-opening of the assessments for A.Ys. 2005-06 and 2006-07 which are the second and third years has been set aside in the earlier part of this judgement. In consequence, the claim for deduction under section 80IB for A.Ys. 2004-05, 2005-06 and 2006-07 which has been allowed in the original orders of assessment would stand.
The attempt on the part of the Assessing Officer to reopen the assessments for A.Ys. 2007-08 and 2008-09 would amount to a change of opinion and would be unsustainable. This is particularly so having regard to the fact that the re-opening of the assessment for the earlier years has been held to be unsustainable and the assessee would be entitled to a deduction under section 80IB in consequence.
HIGH COURT OF BOMBAY
Dynacraft Air Controls
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