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2015 (2) TMI 576 - AT - Income TaxReopening of assessment - disallowance to be made u/s.14A - Held that:- Unable to find any tangible material in the reasons recorded by the AO.He has at the time of original assessment already deliberated upon the issue of disallowance to be made u/s.14A of the Act.Therefore,it can safely be held that in the case under consideration there was no tangible material.In these circumstances,we are of the opinion that the reassessment proceedings were initiated due to change of opinion of the AO and not because there was tangible material.Courts are of the view that if a notices is issued u/s.148 because of change of opinion,then same is to considered bad in law and has to be quashed.Considering the facts and circumstances of the case,we are reversing the order of the FAA and decide the effective ground of appeal(GOA-1)in favour of the assessee.
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