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2019 (1) TMI 1814 - AT - Income TaxReopening of assessment u/s 147 - case of the assessee was reopened on the basis of audit objection - legal issue or factual mistake - change of opinion or not - HELD THAT:- Assessment was reopened on the basis of audit objection by audit party and there is no application of mind by the AO on this issue. We find merit in the arguments of ld. AR that the there is no satisfaction by the AO and there is no application of mind and the notice has been issued in a mechanical manner, taking the audit objection verbatim in the reasons recorded by the AO for reopening the assessment. AO has acted upon the borrowed satisfaction of the audit party, The case of the assessee is supported by the decision of Xerox Modicorp Ltd. [2013 (1) TMI 160 - DELHI HIGH COURT] in which it has been held that opinion by the audit party cannot constitute a tangible material and reassessment was held to be not valid - Decided in favour of the assessee.
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