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2018 (3) TMI 734 - AT - Income TaxValidity of reopening of the assessment - non specification of charge - detailed examination by AO - Held that:- DR was unable to place before us the order sheet copy of the Assessing Officer and the reasons recorded therein to indicate that some new material was found by the Assessing Officer to enable him to reopen the assessment and the notice was issued essentially on account of the fact that the return filed by the assessee does not contain true and correct particulars of income Upon going through the assessment order passed u/s 143(3) AO had the benefit of examining the books of accounts in detail and examined the nature of business for the purpose of making additions towards handling charges and commission income, impliedly reflecting that the A.O admitted that the assessee was mainly carrying on the business as a commission agent for and on behalf of the consigners. Such being the case, the notice issued u/s 148 itself is bad in law. - Decided in favour of assessee.
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