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2019 (10) TMI 778 - HC - Income TaxReopening of assessment - HELD THAT:- Same income which has been termed as escaped income for the assessment year 2012-13 was a subject matter of challenge before the appellate authority under the said Act in a different proceeding. The appellate authority had upheld the contention of the petitioner before it with regard to the computation of the said income as income from capital gains and an income not from business and profession. It is thus contended that there could be no reason for the authorities to come to a conclusion that the income had escaped assessment or that the petitioner had failed to fully and truly disclose all material facts for assessment and an arguable case has been made out by the petitioner. This matter requires to be heard on affidavits. Let affidavit–in-opposition be filed within a week after re-opening; reply thereto, if any, within a week thereafter. The authorities shall not proceed with the re-assessment up to November 30, 2019. Learned Advocate for the petitioner is directed to communicate this order to the respondents as also the learned Advocate who had appeared for the respondents.
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