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2018 (1) TMI 144 - HC - Income TaxReopening of assessment - valid reasons to believe - Held that:- We find from the facts that the first notice for reopening was issued virtually on the same ground and the assessee cooperated in the assessment proceedings and the Assessing Officer appears to have been satisfied with the submission and completed the assessment without any additions. Subsequently, there has been a change of officer who has issued the second reopening notice which has ultimately culminated in the assessment order dated 28.03.2013. Thus we find that the Tribunal has done thorough factual exercise and held that the reopening for the second time on the same issue is nothing but change of opinion and is not permissible in law. Furthermore, the Tribunal has specifically recorded that the revenue could not establish that the income has escaped assessment due to the failure on the part of the assessee. Further, this finding recorded by the Tribunal is on re-appreciation of the factual position. No substantial question of law.
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