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2010 (10) TMI 494 - GUJARAT HIGH COURTReopening of the assessment - U/s 143(3) read with section 147 - The Assessing Officer has accepted the claim of the petitioner while framing the assessment u/s 143(1) of the Act - Even while passing the order u/s 143(3) read with section 147 of the Act, he has referred to the previous history stating therein that the assessee had filed the return of income for assessment year 1995-96 on 29-11-1995, declaring loss of Rs. 1,25,35,115 after deducting deduction u/s 32 of Rs. 10,09,97,023 and expenses u/s 35D, amounting to Rs. 3,03,704 - Since the claim of the petitioner was accepted u/s 143(1)(a) of the Act, the said assessment was not disturbed, even after calling for the details u/s 143(2) of the Act - Despite the fact that there being an evidence on record which was not considered and under that misconception, the notice for reopening was issued, therefore, of the view that there is no basis for reopening of the assessment and even reasons recorded by him are not sufficient to reopen the assessment which is framed after considering all the relevant materials on record - Therefore, quash and set aside the notice issued for reopening of the assessment - Decided in favour of assessee.
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