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2022 (9) TMI 52 - ITAT RANCHIReopening of assessment u/s 147 - change of opinion - Non-deduction of TDS from transportation chargespaid by the assessee which were liable to be added back, purchase from undisclosed sources of income which is unexplained investment and was liable to be added to the income of the assessee and refund of VAT and TCS which were not reflected in the bank account of the assessee and thus recomputed the undisclosed income of the assessee which has escaped assessment and liable to be added - HELD THAT:- We note that the assessment was framed in the case of assessee u/s 143(3) - We observe from the records and also rival arguments before us that the reasons recorded on the basis of audit report which was available before the AO at the time of original assessment proceedings which culminated in assessment order being framed u/s 143(3) - Thus, this apparent from the above that there was no new substantive material before the AO at the time of recording of reasons. In our opinion, the assessment was reopened on the basis of same material which was available before the AO in the original assessment proceedings. Therefore we do not find any infirmity in the order of Ld. CIT(A) which has been passed after following the decisions of Hon’ble Apex Court in the case of CIT Vs Kelvinator of India Ltd [2010 (1) TMI 11 - SUPREME COURT] and Hindustan Lever Ltd [2004 (2) TMI 42 - BOMBAY HIGH COURT] Considering the facts and circumstances as discussed above we are inclined to uphold the order of ld CIT(A) on the issue of reopening. - Decided against revenue.
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