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2016 (1) TMI 1463 - HC - Income TaxQuestion of law or fact - reopening of assessment beyond a period of four years - HELD THAT:- Tribunal recorded that the AO only on the base of information supplied by the investigation wind at Mumbai that the assessee had received share application money from one of the tainted companies, issued notice Tribunal was of the opinion that the AO himself did not satisfy about the requirement and issued notice under section 148 of the Act without forming a reason to believe that the income of the assessee had escaped assessment. Tribunal regardlessly proceeded to examine the issue on merits and deleted the addition towards share application money. Upon perusal of the judgement of the Tribunal with the assistance of learned counsel for the Revenue, we are of the opinion that the issues raised are fundamentally questions of facts. The Tribunal having perused the facts on record come to the factual findings. No question of law arises. Under the circumstances quite apart from the validity of reopening, in our opinion, judgement does not require any further consideration. Appeal dismissed.
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