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2019 (8) TMI 1616 - HC - Income TaxReopening of assessment u/s 147 - CIT-A held that the reopening notice had been issued without having recorded the reasons which led the Assessing Officer to form a reasonable belief that income chargeable to tax escaped assessment - HELD THAT:- We note that both the CIT(A) and the Tribunal have concurrently come to a finding of fact that no reasons were recorded by the Assessing Officer prior to issuing the reopening notice dated 6 March, 2009. Nothing has been shown to us to suggest that the above finding of fact is perverse. Thus we see no reason to entertain this question as it does not give rise to any substantial question of law. Whether error in dates mentioned while furnishing reasons for reopening and quashing the reopening proceedings while failing to appreciate that such mistake is covered under u/s. 292B? - Section 292B of the Act, would have no application in the present facts as the condition precedent for issuing of the reopening notice namely, recording of reasons has not been satisfied by the Assessing Officer. In this case on facts it has been found that no reasons were recorded by the Assessing Officer in support of the reopening notice dated 6 March, 2009. Thus it is not a case of clerical error, but the substantial condition for a valid reopening notice viz. recording of reasons to form a reasonable belief is not satisfied.
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