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2016 (4) TMI 812 - AT - Income TaxReopening of assessment - Held that:- AO had not proved that the escapement of income was result of failure on part of the assessee to disclose fully and truly the material facts for making the assessment, we hold that the reopening was not valid. Effective ground of appeal (GOA-3)is decided in favour of the assessee. The other arguments like change of opinion or re-opening was based on an audit objection are not being decided, as there is basic legal flaw in re-opening. The AO has not mentioned that the assessee had failed to disclose material fact. Proving of the said fact is the next stage. Therefore, as stated earlier, we hold that notice issued u/s. 148 and consequent assessment was not valid.- Decided in favour of assessee
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