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2019 (3) TMI 2001 - AT - Income TaxReopening of assessment u/s 147 - Assessment u/s 153A - original assessment was not completed u/s. 143(3) - HELD THAT:- Admittedly, in these cases, the original assessments were completed u/s.153A r.w.s. 143(3) - At the time of completion of the assessments, the authorized representative of the assesses appeared and filed copy of bank statements, partners current account as appearing in the books of accounts of the assessee. AO, after being satisfied with the reply given by the assessee completed the assessments u/s. 153A r.w.s. 143(3) - In this situation, it cannot be said that the assessees had failed to disclose all material facts fully and truly required for the assessment. AO, after going through the books of account and other documents filed before him had completed the assessments and chose not to make addition on the issues raised in the reasons recorded for re-opening of the assessments. Therefore, we are of the opinion that there is no negligence on the part of the assessee in furnishing the required details for completing the assessments. We are of the opinion that the ratio laid down by the Tribunal in the case of Cordial Company [2013 (11) TMI 1801 - ITAT COCHIN] is squarely applicable to the facts of the assessees cases. Taking a consistent view with the Tribunal, we vacate the findings of the CIT(A) and allow the appeals of the assesses herein. Appeals of the assesses are allowed.
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