Reopening based on Judicial pronouncement when all info were already available is not valid

CA Sandeep Kanoi The facts on this issue are that the original assessment was completed by the ACIT, Circle-1, Dehradun u/s 143(3) of the Act. Thereafter a notice u/s 148 of the Act was issued on 31.03.2010. The reasons recorded by the Id. AO (copy has been placed on record) show that the reopening has taken place due to the contention that the appellant’s income is taxable as Fees for Technical Services considering the judgement in the case of CIT vs. ONGC (as agent for Foramer France) reported in 299 ITR 438 (UK) and the insertion of proviso to section 44DA(1) of the Act through the Fi...