Facts of the case:
1. For Assessment year 2011-12, Assessee filed its return of income after claiming deduction under section 10B.
2. During scrutiny assessment, Assessing Officer had raised several queries asking assessee about its claim of deduction under section 10B.
3. Assessee replied to such queries in detail, upon which Assessing Officer (AO) passed an assessment order under section 143(3) allowing said claim of deduction.
4. After four years, the AO issued reassessment notice against assessee on two grounds;
a. No deduction under section 10B could be allowed to assessee as it had not filed its return on or before due date specified under section 139;
b. There was no proof on record that there was ratification from Board of Approval for EOU scheme that assessee was hundred per cent EOU.
5. High Court of Gujarat has held that since Assessing Officer, in original assessment had thoroughly scrutinized claim of deduction under section 10B and allowed same, he could not reopen assessment to examine another facet of said claim.
6. Aggreived by the order of the High Court, the Assessing Officer has filed a Special leave petition with The Supreme Court of India.
Judgement: The Supreme Court of India has held that the SLP filed against impugned order was to be dismissed and upheld the order of High Court.
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