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2014 (4) TMI 479 - HC - Income TaxValidity of Notice for reopening of assessment – Held that:- It does emerge that the notices were issued within a period of 4 years from the end of relevant assessment years - It is equally true that in the scrutiny assessments, the AO had not addressed the question of such deduction under section 35D of the Act - if assessing officer’s reason to believe lacks validity, the reopening of assessment would not be permissible - the words used are “reason to believe” and that therefore, the same must be based on subjective satisfaction of the assessing officer - if the proposed addition on the basis of which the entire notice of reopening is founded, lacks legal validity, surely, such notice cannot be sustained - additions sought to be made by the assessing officer through this process of reopening of the assessment previously closed after scrutiny has not been approved by the Court – thus, the reopening of the assessment is set aside – Decided in favour of Assessee.
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