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2015 (11) TMI 1886 - AT - Income TaxReopening of assessment u/s 147 - Reason to believe - necessity of independent application of mind by AO - HELD THAT:- A plain reading of the reasons recorded demonstrate that the A.O. has not applied his mind to the material/information received from the Director (Investigations). Without such independent application of mind, it is not possible for the A.O. to come to a conclusion that he has reason to believe that income assessable to tax has escaped assessment. Thus, respectfully following the propositions of law laid down by the Hon’ble Delhi High Court in the case of Pr.CIT vs. G & G Pharma India Ltd. (2015 (10) TMI 754 - DELHI HIGH COURT] hold that the reopening is bad in law. Assessee’s appeal is allowed.
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