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2015 (10) TMI 2424 - AT - Income TaxReopening of assessment - Held that:- From the reasons recorded, nothing is borne out as to whether the Assessing Officer has applied his own mind with regard to the escapement of income chargeable to tax. We have carefully examined the orders of the ld. CIT(A) and we find that the ld. CIT(A) has adjudicated the impugned issue in the light of various judicial pronouncements in which it has been held that wherever the assessment is reopened on the sole basis of information received from the ADI or any other agency and without application of mind by the Assessing Officer, the reopening itself is invalid. We are, therefore, of the view that in the instant case, when the assessment was reopened without application of mind of the Assessing Officer and simply on the basis of information received from the ADI, the reopening is not valid. - Decided in favour of assessee.
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