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2015 (11) TMI 643 - ITAT DELHIValidity of reopening of assessment - CIT(A) quashed reopening orders - Held that:- CIT (A) has rightly held that the AO was not correct to assume jurisdiction over the assessee for the year under consideration and no new facts were brought on record which gave reasons to believe that the income of the assessee had escaped assessment and, therefore, the reopening of assessment in the present case had been merely on the basis of change of opinion. Further, it is evident that all the material information was available in the course of original assessment for framing an assessment and the AO failed to bring on record new facts or material which provided reasons to believe that the income of the assessee has escaped assessment. Moreover, we take note that the objection of the assessee against reopening has not been answered by a speaking order as mandated by the Apex Court in GKN Driveshafts (India) Ltd. vs. ITO (2002 (11) TMI 7 - SUPREME Court) which also vitiates the reopening of the original assessment. In the aforesaid circumstances, we uphold the view of the ld. CIT (A) that the reopening is based on change of opinion which is not permissible as held by Hon’ble Supreme Court in CIT vs. Kelvinator of India Ltd. (2010 (1) TMI 11 - SUPREME COURT OF INDIA).- Decided in favour of assessee.
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