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2019 (8) TMI 1724 - AT - Income TaxReopening of assessment u/s 147 - Bogus purchases addition - HELD THAT:- In this case, the assessment was framed u/s.143(3) of the Act vide order dt.31-10-2011. We note that during the original assessment proceedings, the AO specifically raised a query vide letter dt.08-09-2011 in para 2, directing the assessee to furnish the sales and purchases, which was replied by assessee vide letter dt.18-10-2011, giving party-wise sales and purchases. All the Hawala parties qua which the reopening proceedings were resorted to u/s.147 r.w.s.148 of the Act were originally furnished before the AO and thus, the reopening is done on the basis of same materials in respect of the same parties, which were examined by the AO by calling for specific details from the assessee. In our opinion the case of assessee was reopened on the change of opinion only as all the parties were verified by the AO during the course of original assessment proceedings. This is a mere change of opinion by the AO, which is not permissible under the Act. The case of assessee is squarely covered by the decision of CIT V. Kelvinator of India Ltd.[2010 (1) TMI 11 - SUPREME COURT] - Appeal of assessee is allowed.
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