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2018 (5) TMI 1961 - HC - Income TaxValidity of reopening of assessment u/s 147 - proceeding initiated against the assessee by the Directorate of Revenue Intelligence on the allegations of evasion of import duty - HELD THAT:- On near identical facts, similar proceeding was sought to be initiated against a partner of the assessee firm for the same assessment year. Both the Commissioner and the Tribunal, however, found that no re-assessment proceeding could be initiated merely because of action taken by the Customs Department. We also had the occasion to examine similar issue for the same assessment year concerning an associate firm of the assessee, M/s. More International [2018 (2) TMI 1929 - CALCUTTA HIGH COURT] and we upheld the order of the Tribunal in that appeal. In our judgment, the reasoning of the Tribunal in the decision which we upheld is also almost identical to that in the present case, in relation to the order appealed against. So far as the present appeal is concerned, no distinguishing feature has been brought to our notice by Mr. Chowdhury which could persuade us to take a different view. - Decided in favour of assessee.
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