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2016 (11) TMI 362 - AT - Income TaxValidity of reopening of assessment - depreciation claim - Held that:- As far as the facts are concerned they are not in dispute as admittedly the issue sought to be addressed by the AO u/s 154 which was given up is the same issue which was subsequently picked up by him for re-opening. Admittedly the assessment originally was made u/s 143(3) and the issue has been enquired into and examined by the AO himself as the calculation of the depreciation allowable was done by the AO himself. Re-opening in the peculiar facts and circumstances of the case by the AO in the absence of any new material justifying the re-opening and on the very same facts tantamounts to abuse of his power. See BERGER PAINTS INDIA LTD. Versus ASSISTANT COMMISSIONER OF INCOME-TAX AND OTHERS [2009 (8) TMI 557 - CALCUTTA HIGH COURT] - Decided in favour of assessee
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