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2004 (8) TMI 42 - ALLAHABAD HIGH COURTReopening of the assessment - "Whether Tribunal was justified in law in taking the view that reopening of the assessment by the Income-tax Officer was not legal or permissible?" - The Tribunal while allowing the appeal had held that after passing of the assessment order neither any information nor any fresh material was on record, which could have led the Income-tax Officer to form a belief that income has escaped assessment to tax. The Tribunal, therefore, annulled the reassessment proceedings. - Since the reopening of the assessment proceeding appears to be on the basis of a Division Bench decision of this court in the case of Madho Prasad, which has been subsequently overruled by the hon'ble Supreme Court in the case of Shri Om Prakash, there is no infirmity in the order passed by the Tribunal.
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