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2019 (9) TMI 198 - HC - Income TaxReopening of assessment u/s 147 - reopening on the basis of the information obtained during the course of assessment of earlier assessment year under section 143(3) - HELD THAT:- We find that the reopening notice has been issued on the basis of the information obtained during the course of assessment of earlier assessment year u/s 143(3). Such information can form a valid basis for issuing reopening notice. In the facts of the present case, the assessment for the subject assessment year was by virtue of intimation under section 143(1) of the Act. Therefore the Assessing Officer had no occasion to examine the claim of the Petitioner. It is on the basis of tangible information now received that the impugned reopening notice has been issued, as is evident from the reasons recorded. Therefore the reasons do make out a prima facie case that income chargeable to tax for the subject assessment year has escaped assessment. This of-course is subject to the Petitioner's pointing out in the re-assessment proceeding that on merits such addition as proposed is not permissible in law. Petition dismissed.
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