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2015 (6) TMI 28 - AT - Income TaxReopening of assessment - Held that:- An addition which has already been considered u/s 158BC, the same cannot be made subject matter of addition by again invoking the provisions of Section 148. The reasons recorded by A.O. itself do not point out to the fact that some income had escaped assessment. It has been mentioned in the reasons recorded that the reassessment is being proposed in view of the fact that ITAT had quashed the order u/s 158BC. The reasons recorded are not good enough to initiate proceedings u/s 148 especially in view of the fact that decision regarding addition made u/s 158BC is pending before Hon'ble High Court. The provisions of section 147 are meant to tax only that income which had escaped income. The additions made during this year are admittedly part of block assessment when has been taxed by Revenue. If because of inefficiency or otherwise on the part of Revenue, the assessee is able to get some assessment order quashed, the revenue is not empowered to tax the same income by taking another route. - Decided in favour of assesse.
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