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2012 (7) TMI 93 - AT - Income TaxValidity of second reopening of assessment - capital gain on sale of two plots of land - assessment reopened firstly on 27.9.2002 on the ground that the assessee has made certain deposits which comes from sale proceeds of plots, but while completing the reassessment, no addition is made either under the head capital gain or u/s 68 - Held that:- In present case, after almost 1½ years, AO intended to reopen the assessment again for the same transaction after having recorded reasons that the assessee has earned capital gain on transfer of two plots of land. When the Assessing Officer has already applied his mind while framing the reassessment consequent to the first reopening and did not make addition under the relevant head. Therefore, he cannot reopen the assessment again for the same reason by simply making changes in the format of the reasons recorded without looking to the fact that the transaction for which he wants to form a belief is the same. Therefore, second reopening was done only on account of change of opinion which is not permissible under the law. Accordingly, the reassessment orders framed consequent to issuance of notice u/s 148 are hereby annulled and additions made therein are also deleted - Decided in favor of assessee
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