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2017 (1) TMI 1732 - AT - Income TaxReopening of assessment u/s 147 - no return was being filed by the assessee - HELD THAT:- Material on record showed that the assessee filed original return of income for assessment year under appeal in October 2008, and is also not disputed by the Ld. DR. AO, therefore, recorded incorrect, irrelevant and non- existing reasons u/s 148 . The reasons, therefore, are vitiated and liable to be quashed as would not showed even prima facie case that the Assessing officer has any reason to believe that income escaped assessment. It is not discernable as to whether Assessing officer has applied his mind to the report of the DIT (Inv.) New Delhi which is sole basis of recording of reasons for reopening of the assessment and independently arrived at a belief that income has escaped assessment, therefore, Assessing officer did not get jurisdiction to make re-assessment. No material or evidence that prima facie showed or established nexus or link which disclosed escapement of income. The re-assessment proceeding were invalid and are liable to be quashed. - Decided in favour of assessee.
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