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2014 (1) TMI 749 - AT - Income TaxValidity of reopening of assessment – Notice issued u/s 148 of the Act – Held that:- The AO has recorded his reasons on the basis of the enquiries conducted in the case of the assessee in pursuance to Tax Evasion Petition - the AO has recognized that the assessee is disclosing income from salary - When the AO recognized that the assessee is offering income from salary obviously it would have been known to him that the assessee is drawing his salary from some organizations - the foundation of the reopening itself being erroneous insofar as the reasons recorded are erroneous and are not supported by any evidence but are contrary to the evidence as are available on record - the reasons as recorded are bad in law and the same are liable to be quashed as also the consequential assessment as a consequence to the notice issued u/s 148 of the Act - The reasons recorded for the purpose of reopening the assessments in the case of the assessee are without legal backing and is not supported by any evidence or material on record – Decided in favour of Assessee.
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