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2012 (8) TMI 267 - AT - Income TaxValidity of reopening of assessment u/s 148 - same set of facts - assessee contended change of opinion - Held that:- It is observed that actually the issue had been gone into by the AO who framed the regular assessment u/s 143(3). Details filed by assessee before AO, the manner in which the replies have been filed, along with supporting documents, simply prove that these could not have been filed suo moto. These details “had” been called for by the AO and in response to which these replies had been filed. Since the AO has initiated the reassessment proceedings on the same facts and on the same figures, as shown by the assessee in its books, we are of the considered opinion that no “tangible material” had been brought on record by the AO, which could have given him some valid reason to initiate the reassessment proceedings. Therefore, notice issued u/s 148 is held to be void, and consequently the proceedings are void ab initio - Decided in favor of assessee.
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