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2018 (6) TMI 895 - AT - Income TaxValidity of reopening of assessment - disallowance of excess depreciation on building, plant and machinery and office equipment - reopening after 4 years - validity of reason to believe - Held that:- AO clearly shows that the assessment originally completed in the case of the assessee under section 143(3) was reopened by him after the expiry of four years from the end of the assessment year under consideration without pointing out that any income chargeable to tax had escaped assessment by reason of the failure on the part of the assessee to disclose fully and truly all material facts necessary for his assessment and even the learned DR has not been able to dispute this position clearly evident from the reasons recorded by the AO - reopening made by him without satisfying this statutory condition is invalid being barred by limitation. - decided in favor of assessee.
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