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2019 (1) TMI 659 - HC - Income TaxReopening of assessment - Reasons to believe - CIT(A) found that the disclosure was a full and true disclosure by the assessee and quashed the reassessment order - ITAT confirmed the order of CIT(A) - Held that:- It is now well settled that the reasons which are recorded by the A.O. for reopening the assessment are the only reasons which can be considered. No substitution or deletion is permissible. No addition can be made to those reasons. No inference can be allowed to be drawn based on reasons not recorded. This being the position in law, and admittedly there being no allegation in the reasons that there was any failure on the part of the assessee to disclose fully and truly any material fact, we find that the Tribunal was not incorrect in upholding the order of the CIT(A) and dismissing the appeal filed by the revenue. We find that the CIT(A) as well as ITAT have examined the factual aspects of the matter and thereafter come to the conclusion that in fact there has been no failure on the part of the assessee to disclose fully and truly all material facts as contemplated under the first proviso to Section 147. These findings, being purely factual in nature, and nothing being brought to our notice that these findings are in any way perverse, we do not think that the questions of law as proposed by Mr. Suresh Kumar give rise to any substantial question of law requiring our consideration in an appeal under Section 260A.
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