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2012 (12) TMI 899 - HC - Income TaxValidity of notice u/s 148 - Assessee engage in manufacture and sale of Tea - Re-opening of assessment u/s 147 - Escaped assessment – Change of opinion – Reason to believe - AO argued that payment made by assessee was in fact the commission paid against sale and there was no TDS deducted therefore, expenditure was required to be disallowed u/s 40(a)(ia) and hence, this income has escaped the assessment Held that:- At the time of original assessment, in reply to the specific query raised, specific reply had been furnished with regard to the amount of discount paid by way of trade incentive slab scheme and the query also was whether on the amount paid, tax was deducted at source or not. Having furnished all the requisite details, if the AO chose not to deem it fit to reflect its consideration in the assessment order originally passed after scrutiny, on the very same grounds and materials when it seeks to reopen the assessment on the ground of escapement of income it is required of the respondent to point out as to how this is not a mere change of opinion and what are the cogent and relevant materials available with it to form an opinion that the said expenditure was required to be disallowed u/s 40(a)(ia), for not having deducted TDS. In favour of assessee
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