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2020 (9) TMI 271 - AT - Income TaxReopening of assessment u/s 147 - HELD THAT:- A.O. issued the notice under section 148 for the reasons that the assessee had not filed her return of income and that the assessee had purchased a property during the F.Y. 2009-10. However, the said reasons given by the A.O. for reopening the assessment are not correct since the assessee had filed the return of income on 30/03/2011. The assessee had also shown the investment in agricultural land amounting to ₹ 52,20,000/- in her Balance Sheet as on 31/03/2010, copy of which is placed of the assessee's compilation therefore both the reasons given by the A.O. i.e.; the assessee had not filed the return of income and invested in the property amounting to ₹ 1,49,02,500/- were wrong. A.O. reopened the assessment on the basis of wrong facts, so respectfully following the ratio laid down in the aforesaid referred to cases, reopening of the assessment in the present case was not valid, accordingly, the same is quashed. Since the appeal of the assessee is decided on the legal issue, therefore no findings are being given on the merit of the case relating to the quantum of addition. - Decided in favour of assessee.
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