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2011 (9) TMI 62 - BOMBAY HIGH COURTReassessment - The validity of the reopening of the assessment has to be judged on the basis of the reasons recorded for reopening of the assessment - If the reasons recorded do not even remotely suggest that the assessing officer was not justified in invoking the proviso to Section 112 of the Act, it would not be open to the Revenue to justify reopening of the assessment on the grounds which are not recorded in the reasons for reopening the assessment - In the present case, it is relevant to note that in the original assessment order, the assessing officer has specifically referred to the second proviso to Section 48 and thereafter applied the proviso to Section 112 of the Act - Assuming that the assessing officer was wrong in invoking the proviso to Section 112, in the absence of any reason recorded to the effect that the proviso to Section 112 has been wrongly invoked by the assessing officer, it cannot be said that the assessment has been validly reopened - Decided in favour of assessee.
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