Allowing the petition the Court held, that the assessee had furnished various particulars as required by the Assessing Officer, in support of the claim to depreciation and allowances of deduction under section 80-IB(11A). The claims had been allowed in the original assessment. Notice after four years on the ground that the deductions were erroneous, constituted a change of opinion. The notice was not valid. (AY. 2010-11)
Dhirendra Hansraj Singh v. ACIT (2020) 421 ITR 176 (Guj.)(HC) Editorial : SLP of revenue is dismissed, CIT v. Dhirendra Hansraj Singh (2018) 409 ITR 15 (St.)(SC).
S. 147 : Reassessment-After the expiry of four years-No failure to disclose material facts-Deduction is allowed in the original assessment proceedings-Notice of reassessment is held to be not valid. [S. 80IB(11A ), 148, Art. 226]