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2019 (7) TMI 1218 - AT - Income TaxReopening of assessment u/s 147/148 - failure on the part of the assessee to disclose fully and truly all material facts necessary for assessment - notice issued u/s 154 issued on same issue on which no order whatsoever has been passed - HELD THAT:- Undisputedly, originally assessment in this case was framed u/s 143 (3) of the Act. It is also not in dispute that AO has initially issued a notice u/s 154/155 of the Act, available at pages 1 & 2 of the paper book, but when assessment record was perused in the open court, there is neither any order sheet nor final order, if any, passed consequent upon the notice issued u/s 154. Relying on DAMODAR H. SHAH VERSUS ASSISTANT COMMISSIONER OF INCOME-TAX [2000 (6) TMI 27 - GUJARAT HIGH COURT] and BERGER PAINTS INDIA LTD. [2009 (8) TMI 557 - CALCUTTA HIGH COURT], we are of the considered view that initiation of rectification proceedings u/s 154 by the AO and simultaneously initiating the reopening of assessment proceedings u/s 147/148 of the Act on the same reasons, particularly when there is no failure on the part of the assessee to fully and truly disclose all material facts necessary for assessment, are not sustainable in the eyes of law and as such consequent assessment framed u/s 143 (3)/148 of the Act is liable to be quashed. - Decided in favour of assessee
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