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2014 (2) TMI 886 - AT - Income TaxReopening of Assessment u/s 148 of the Act – Requirement to issue notice – Held that:-The decision in CIT Vs. Usha International Ltd.[ 2012 (9) TMI 767 - DELHI HIGH COURT] followed - The reasons recorded or the documents available must show nexus that in fact they are germane and relevant to the subjective opinion formed by the Assessing Officer regarding escapement of income - The final ascertainment takes place when the final or reassessment order is passed - It is enough if the Assessing Officer can show tentatively or prima facie on the basis of the reasons recorded and with reference to the documents available on record that income has escaped assessment - The aspects and questions examined during the course of assessment proceedings itself may indicate that the Assessing Officer must have applied his mind on the entry, claim or deduction etc. - It may be apparent and obvious to hold that the Assessing Officer would not have gone into the said question or applied his mind - The CIT(A) has rightly quashed the reopening of assessment made by the Assessing Officer u/s 147 of the Act by observing that there was absolutely no fresh information provided or collected – thus, the order of the CIT(A) upheld – Decided against Revenue.
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