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2018 (12) TMI 130 - HC - Income TaxReopening of assessment - reasons for reopening the case - reassessment notice is solely based on an audit opinion - Held that:- This Court is of the opinion that Carlton [2009 (8) TMI 57 - DELHI HIGH COURT] concludes the issue in the present case; the audit objection merely is an information. As reiterated in Kelvinator [2010 (1) TMI 11 - SUPREME COURT OF INDIA] by the Supreme Court, change of opinion is impermissible. The Revenue was clearly barred by provisions of Section 147/148 of the Act. In the present case, the reassessment notice is solely based on an audit opinion. Having regard to the fact that the assessee’s challenge to the previous year’s re-assessment orders was successful - in FIS Global Business Solutions India Pvt. Ltd. v. ACIT [2018 (11) TMI 601 - DELHI HIGH COURT] the reassessment proceedings are unsustainable - the impugned re-assessment notice dated 31.03.2018, cannot be sustained - Decided in favour of assessee.
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