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2017 (8) TMI 855 - HC - Income TaxReopening of assessment - benefit of the DTAA between India and UAE disclosure - Held that:- In the present case whilst taking the impugned action, we find that there are no specific reasons recorded what was the material which was not truthfully disclosed. As pointed out herein above, the fact that the petitioner was claiming the benefit of the DTAA between India and UAE would clearly disclose that at the relevant time the requirement of period of residence in UAE was not necessary. Whilst completing the regular assessment the queries sought by the Assessing Officer were answered by the petitioner and accordingly, being satisfied, the regular assessment came to be completed. In this background, whilst the action on the part of the respondents-Revenue is a change of opinion, it cannot be the reason for reopening the assessment under Section 148 of the said Act. In such circumstances, we find that the question of reopening the assessment under Section 148 of the said Act would not at all be justified. - Decided in favour of assessee.
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