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2015 (10) TMI 1076 - AT - Income TaxReopening of assessment - CIT(A) concluded that the assessment framed under section 147 was bad in law inasmuch as the assessment ought to have been framed under section 153C of the Act read with section 153A - Held that:- As the proceedings under section 153C of the Act was not completed and it was dropped at the threshold with the approval of the Addl. CIT. Therefore, there is no bar for the Department to take cognizance of the said incriminating material for other provisions of the Income-tax Act and the Assessing Officer accordingly examined those incriminating material and has formed a belief that income chargeable to tax has escaped assessment. Since the Assessing Officer has not applied his mind to frame the assessment on the basis of incriminating material under section 153C of the Act, it cannot be called that there is a change of opinion of the Assessing Officer while forming a belief under section 147 of a for reopening of the assessment. Since the reopening was done on the basis of material seized during the course of search and the said material was never used by the Income-tax authority for completing the assessment, there is no change of opinion of the Assessing Officer and therefore reopening is valid under section 147 of the Act. In the light of these facts, we do not find ourselves in agreement with the order of the ld. CIT(A) who has held that reopening of assessment to be illegal and quashed the entire assessment in all the assessment years - set aside the order of the ld. CIT(A) and restore matter to his file with a direction to re-adjudicate the issues raised before him on merit by passing a reasoned order. - Decided in favour of revenue for statistical purposes.
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