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2017 (8) TMI 224 - AT - Income TaxValidity of reopening of assessment - proof of tangible evidence or material in respect of any undisclosed income - non application of mind by AO - Held that:- AO has not applied his mind so as to come to an independent conclusion that he has reason to believe that income has escaped during the year. The reasons are vague and are not based on any tangible material as well as are not acceptable in the eyes of law. The AO has mechanically issued notice u/s. 148 of the Act, on the basis of information allegedly received by him from the Income Tax Department. Thus the reopening in the case of the assessee for the asstt. Year in dispute is bad in law and deserves to be quashed. See Signatures Hotels (P) Ltd. Vs. ITO (2011 (7) TMI 361 - Delhi High Court) and CIT vs. G&G Pharma India Ltd. (2015 (2) TMI 104 - ITAT DELHI) - Decided in favour of assessee.
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