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2016 (1) TMI 1393 - AT - Income TaxValidity of notice issued u/s 148 - reasons to believe - Held that:- It is evident that action under section 147 has been initiated by revisiting/re-appreciating the very same materials on the basis of which original assessment under section 143(3) was completed. As the AO while completing the original assessment has examined these facts and materials and passed the assessment order after application of mind, the reopening of assessment on the very same set of facts and materials would tantamount to review of the assessment order passed earlier that too on a mere change of opinion which is not permissible under law. Accordingly, in our considered opinion issuance of notice u/s 148 in the present case is invalid. As a natural consequence the assessment order passed in consequence thereof also has to be declared as invalid and accordingly is to be quashed. Before parting, we may make it clear that the decision rendered by us as above is purely in the context of validity of reopening of assessment under section 147 of the Act and cannot be considered to be a precedent for assessee’s claim of depreciation on GDS and interconnect TAS at the rate of 60% by treating them as a computer. That issue has to be decided according to its own merit in an appropriate case. - decided in favour of assessee. Grant depreciation on TAS for the full year of the eligible depreciation - Held that:- On a perusal of the order passed by CIT(A) it is observed that after examining the relevant facts and materials on record he has given a categorical finding of fact that interconnect TAS was put to use in July 2000 hence the observation of the AO that it was used for less than six months is not proved on record. D.R. has not brought any material before us to controvert the above said finding of the Ld. CIT(A), we are unable to accept the plea of the Department. Accordingly, this ground is also dismissed.
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