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IT APPEAL NO. 683 OF 2011 JANUARY 4, 2012 Section 147 of the Income-tax Act, 1961 - Income escaping assessment - Non-disclosure of primary facts - Assessment year 2001-02 - Assessee filed its return of income claiming deduction under sections 80HHC and 80-IA/IB - Along with return of income, it had filed computation of deduction under both sections duly certified by chartered accountant - During assessment proceedings, Assessing Officer asked assessee to justify its claims under sections 80HHC and 80-IA and after considering reply submitted by assessee, passed assessment order accepting returned income - Subsequently, Assessing Officer issued notice under section 148 on ground that assessee had claimed excess deduction under section 80HHC - Whether since question of deductions under sections 80-IA and 80HHC were specifically examined at time of original assessment proceedings and assessee had justified its claim by furnishing documentary evidence, it was a case of change of opinion and therefore, re-assessment proceedings were to be quashed - Held, yes [In favour of assessee] FACTS The assessee filed its return of income claiming deductions under section 80HHC and section 80-IA/IB. The assessee's accounts were audited and along with the return of income, it had filed computation of deduction under sections 80-IA and 80HHC duly certified by the chartered accountant. During assessment proceedings, the Assessing Officer issued a questionnaire to assessee to justify its claim under section 80HHC and to furnish documentary proof in support of his claim under section 80-IA/IB. After considering the reply submitted by the assessee to said questionnaire, the assessment order was passed accepting returned income. Subsequently, the Assessing Officer issued notice under section 148 on the ground that the assessee had claimed excess deduction under section 80HHC and there had been a failure on part of the assessee in disclosing fully and truly all material facts necessary for its assessment. The Tribunal struck down the reassessment proceedings on the ground that jurisdictional pre-conditions stipulated in section 147 were not satisfied, as it was a case of reopening on…

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