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2018 (4) TMI 806 - BOMBAY HIGH COURTReopening of assessment - copy of the information received from the Office of the Additional Director of Income Tax (Investigation) which forms the basis of the impugned notice not supplied to petitioners - Held that:- In identical circumstances, this Court in Shri Dhlraj Uttamchand Jain Vs. Asstt. Commissioner of Income Tax & Ors. (2018 (3) TMI 673 - BOMBAY HIGH COURT) had restored the objections of the petitioners to the AO to pass a fresh order after considering the fresh objections to be filed by the petitioners to the reasons in the context of the material relied upon by the Assessing Officer to come to the conclusion that there has been an escapement of income. In our view, this petition could be disposed of on similar lines. Although, it was contended that the Assessing Officer may pass the same order rejecting the petitioners' objections, we do not accept this submission. We are confident that the Assessing Officer would independently apply his mind to the petitioners' objections and dispose of the same showing utmost fidelity in the letter and spirit - thus restore the objection to the Assessing Officer. Therefore, the parties are put to notice that on the next date it is likely that the petition itself would be finally disposed.
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