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2016 (5) TMI 18 - HC - Income TaxReopening of assessment - At the time of scrutiny assessment u/s 143(3), AO was conscious of the fact that deduction had been claimed under Section 80-O - Revenue contended that copy of agreement was not supplied during the original assessment proceedings - Held that:- Significantly in the affidavit filed by Respondent No. 1, he does not state that the AO had the files for the concerned AYs before him when he issued the notice. He in fact candidly states in his affidavit that the reasons recorded are based on the information received from the office of the CIT(A) pertaining to the appeals for AYs 1990-91 and 1991-92. He also admits that the file for AY 1993-94 is not traceable. In other words, the Revenue has been unable to demonstrate that for AYs 1992-93 and 1993-94 the agreement with Sumitomo Corporation was not produced by the Assessee. - The fundamental condition for resorting to Section 147 in a case where reopening is sought to be done after expiry of four years after the expiry of the relevant assessment year in which the assessment orders were passed, is not fulfilled in the present case. - Decided in favour of assessee
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