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2016 (12) TMI 1283 - HC - Income TaxValidity of reopening of assessment - Held that:- Re-opening the assessment is permissible only when it (i) does not amount to “change of opinion”; (ii) is based on tangible material/evidence but is not opposed to the existing record and (iii) points to suppression of material facts by the assessee in the original return. See Commissioner of Income Tax v. Kelvinator (2010 (1) TMI 11 - SUPREME COURT OF INDIA) In the present case there is none of these elements ex facie exists to justify the impugned notice. It is therefore quashed as well as all proceedings emanating from the impugned notice. - Decided in favour of assessee
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