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2016 (3) TMI 1344 - AT - Income TaxValidity of Reopening u/s. 148 - Non independent application of mind by AO - lacking tangible material / reasonable cause and justification - HELD THAT:- AO has not applied his mind so as to come to an independent conclusion that he has reason to believe that income has escaped during the year. In our view the reasons are vague and are not based on any tangible material as well as are not acceptable in the eyes of law. The AO has mechanically issued notice u/s. 148 of the Act, on the basis of information allegedly received by him from the Directorate of Income Tax (Investigation), New Delhi. Keeping in view of the facts and circumstances of the present case and the case law applicable in the case of the assessee, we are of the considered view that the reopening in the case of the assessee for the asstt. Year in dispute is bad in law and deserves to be quashed. See PR. COMMISSIONER OF INCOME TAX-4 VERSUS G & G PHARMA INDIA LTD. [2015 (10) TMI 754 - DELHI HIGH COURT] - Decided in favour of assessee
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