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2018 (6) TMI 292 - AT - Income TaxReopening of assessment u/s 147 - validity of reasons to believe - reopening was made “on going through the assessment record” - ACIT issued directions to the AO u/s 144A of the Act on 12.11.2010, directing him to examine the issue of loss on sale of land - Held that:- As in the case of Motilal R.Todi vs ACIT [2015 (11) TMI 181 - ITAT MUMBAI] when a specific direction has been given by the Additional Commissioner u/s 144A of the Act for passing an order u/s 143(3) of the Act on a specific issue, assessment cannot be reopened on the same issue - AO has no power of review - he cannot on the basis of the same material available in the assessment record come to different conclusion - thus reopening is bad in law for the reasons that there is no tangible material which has come to the possession of the AO, subsequent to passing of an order u/s 143(3) - reopening of assessment cannot be done to correct each and every mistake if any committed in the assessment order - hence decided in favor of assessee.
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