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[2007] 294 ITR 101 [2008] 168 TAXMAN 281 (BOM.) HIGH COURT OF BOMBAY, PANAJI BENCH Sesa Goa Ltd.* v. Joint Commissioner of Income-tax P.V. HARDAS AND D.G. KARNIK, JJ. WRIT PETITION NO. 282 OF 2001 MAY 6, 2004 Section 147, read with section 148 of the Income-tax Act, 1961 - Income escaping assessment - Non-disclosure of primary facts - Assessment year 1991-92 - Whether if assessment is to be reopened after expiry of four years from end of relevant assessment year, in view of proviso to section 147, Assessing Officer must have reason to believe that income had escaped assessment on account of failure of assessee to disclose truly and fully all material facts; a subsequent decision of a Court cannot justify reopening of an assessment after a period of four years as subsequent decision does not mean failure on part of an assessee to disclose fully and truly all material facts - Held, yes - Assessee, engaged in business of mining and export of iron ore, claimed deduction under section 80HHC - Assessing Officer allowed deduction after scrutiny of return, annexures and documents filed along with return as well as during course of discussion - Subsequently, Assessing Officer sought to reopen said assessment on ground that deduction under section 80HHC was not properly computed in accordance with principles laid down by Division Bench of Bombay High Court in CIT v. K.K. Doshi & Co. [2000] 112 Taxman 503 - Accordingly, he issued notice under section 148, dated 31-5-2001 - Whether on facts, it could be said that assessment was sought to be reopened on account of change of opinion of Assessing Officer about manner of computation of deduction under section 80HHC in light of a subsequent decision - Held, yes FACTS The assessee-company was mainly engaged in the business of mining and export of iron ore. In the return of income for the relevant assessment year, it claimed deduction under section 80HHC. After scrutiny of the return, annexures and documents filed along with the return as well as during the course of discussion, the Assessing Officer allowed the assessee's claim and completed the assessment. Thereafter, on 31-5-2001, the Assessing Officer issued notice under…

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