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2015 (9) TMI 791 - AT - Income TaxValidity of reassessment proceedings - Held that:- In the course of original assessment proceedings, not only all the necessary details were on record, a specific question with respect to unrealized rent was raised during the assessment proceedings, this fact was duly recorded in the proceedings sheet before the Assessing Officer. We have perused the assessment records and we are satisfied about this fact. In this view of the matter, as the assessee, rightly submits that the reopening of the assessment is nothing but review of the decision of the predecessor Assessing Officer on the same set of facts and without any fresh evidence or material coming to the record. This, as is the settled legal position, is not permissible under the scheme of the Act. For the reasons set out above, we uphold the grievance of the assessee against reopening of the assessment. As the reassessment itself is quashed, all other issues raised in this appeal are rendered academic and infructuous - Decided in favour of assessee.
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