Assessee-company is engaged in business of manufacturing and cut of polished diamond on job work basis and trading of diamonds and power generation through windmill. The Assessee claimed deduction under section 80IA. Return was processed and assessment was completed under section 143(3). Re assessment notice was issued on ground that during assessment year 2017-18, one windmill, i.e., power generating unit of assessee which was claimed as eligible unit for deduction under section 80IA(4)(iv) was not originally owned by assessee-company but same was undertaking of amalgamating company which was transferred under scheme of amalgamation with assessee. On writ the Court held that since the assessee had duly disclosed all material facts during original assessment proceedings and Assessing Officer had examined claim under section 80IA(4)(iv) in detail by raising various queries which were duly answered by assessee and observation of Assessing Officer was based on assessment records, reopening notice issued beyond a period of four years is unjustified and set aside. (AY. 2014-15)
Facets Gems Polishing Works (P.) Ltd. v. Dy. CIT (2024) 300 Taxman 168 (Guj.)(HC)
S.147: Reassessment-After the expiry of four years-Industrial undertakings-Infrastructure development-Manufacturing and cut of polished diamond on job work basis and trading of diamonds and power generation through windmill-Amalgamation-No failure to disclose material facts-reassessment notice and order disposing the objection is quashed and set aside. [S.80IA(4)(iv) 143(3), 148, Form No.10CCB, Art. 226]
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