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2010 (10) TMI 630 - CALCUTTA HIGH COURTReopening - Income escaping assessment - Assessing Officer committed legal mistake by allowing deduction at the rate of 30 per cent of the rent under section 24(1) of the Act as well as the brokerage and commission - it is not correct contention of the appellant that the assessment had been made by the Assessing Officer under section 143(3) of the Act and, hence, he was not entitled to change his opinion and the proceedings under section 147 was invalid - The scope and effect of section 147 as substituted with effect from 1-4-1989, as also sections 148 to 152 are substantially different from the provisions as they stood prior to such substitution - It is true the principle of res judiciata has no application in the tax assessment but when it is found that on the same facts and point on earlier occasion without there being any change of position of law decides the matter there cannot be different decision in the subsequent year for the same assessee - Decided in favour of the assessee by way of remand
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