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2012 (7) TMI 178 - ITAT DELHILegal infirmities in reassessment framed u/s 147 - CIT(A)stated that the AO should have reason to believe that income had escaped assessment - Held that:- The AO while issuing intimation u/s 143(1) applied his mind and denied to allow credit for TDS as income against this TDS was not considered by the assessee in the taxable income. Such intimation u/s 143(1) was accepted by the assessee and it has become final. Then the notice u/s 148 has been issued on the basis of same note given by the assessee in the return of income and the TDS certificate which was filed in the original return. As the AO has already considered the same while issuing the notice u/s 143(1) and formed an opinion that credit for TDS is not allowable as the income was not offered. Subsequently, by issuing notice under Section 148, he changed his opinion and came to the conclusion that interest income is taxable in AY 2003-04. It is a clear case of change of opinion - no justification to interfere with the order of CIT(A)- against revenue.
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