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2019 (1) TMI 762 - MADRAS HIGH COURTReopening of assessment - change of opinion - allegation that the assessee failed to fully and truly disclose all the details - Held that:- CIT(A) as well as the Tribunal rightly appreciated the factual position and noted that the scrutiny assessment was taken up since the survey under Section 133A was conducted and that during such scrutiny assessment, the statement recorded from the Managing Director of the assessee was not taken into consideration by the Assessing Officer. Therefore, there was no opinion formed by the Assessing Officer on the said issue under the head of income. Further, the assessee themselves accepted that the income was earned, but not disclosed in the returns. Accordingly, the reopening was confirmed. With regard to the contention of the assessee that there was a full and true disclosure by the assessee, on facts, we find that in the instant case, the reopening has been done based on the statement given by the Managing Director of the assessee during the survey. It is not the record of the assessee that they disclosed it in the returns. Hence, on facts, the Assessing Officer, the CIT(A) and the Tribunal clearly held that the reopening was not a change of opinion, with which, we are in entire agreement - decided against the assessee.
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