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2018 (4) TMI 606 - AT - Income TaxReopening of assessment - No fresh information and reassessment is based on change of opinion - no approval U/s 151 - Held that:- The revenue could not controvert the fact that the reopening has been made to meet the objections raised by the audit party. It is also not disputed that the assessment was reopened after four years from the end of the relevant assessment year and no approval U/s 151 of the Act is placed on record. Moreover, the assessee has placed before the Assessing Officer all relevant material during the original assessment proceedings. Under these undisputed facts, we are of the view that the action of the Assessing Officer is contrary to the settled law, which demonstrates that the Assessing Officer has not applied his mind independently. Hence, we find force into the submission made by the assessee. The impugned assessment order is hereby quashed being contrary to the law. - Decided in favour of assessee
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