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2017 (7) TMI 361 - AT - Income TaxReopening of assessment - reasons to believe - eligible issue of notice - Held that:- After issuing the notice under section 148 within a period of four years from the end of the relevant assessment year, i.e. on 22.03.2011, the reasons were also communicated by the Assessing Officer to the assessee on 29.08.2011 in response to the request made by the assessee on 29.06.2011. It is also noted from the letter dated 29.08.2011 issued by the Assessing Officer to the assessee communicating the reasons for reopening that it was specifically brought by him to the notice of the assessee that during the course of assessment proceedings for A.Y. 2007-08, undisclosed Savings Bank Account No. 9348 maintained by the assessee with Bank of India, Baghajatin Branch was found where there was credit of ₹ 4,25,079/- appearing during the year under consideration. Since this reason communicated by the Assessing Officer to the assessee was very much there in the reasons recorded by the Assessing Officer and even addition of ₹ 4,25,079/- was made by him to the total income of the assessee in the assessment completed under section 147/144, thus find that there was no variation at least in one of the reasons communicated by the Assessing Officer to the assessee from the one recorded by him. Thus there was no legal infirmity in the reopening of assessment made by the Assessing Officer by issuing notice under section 148 as allegedly pointed out by the ld. CIT(Appeals) in his impugned order while annulling the assessment made by the Assessing Officer under section 147/144 - Decided in favour of revenue
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