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2021 (9) TMI 122 - AT - Income TaxValidity of Reopening of assessment u/s 147 - whether the assessee's taxable income liable to be assessed had escaped assessment or not? - HELD THAT:- AO appears to have made a clear cut observation that he needed to verify the facts as to whether the assessee's lands are agricultural or not. And also to ascertain if she had suppressed her receipts or not (supra). We thus quote hon'ble Bombay high court's landmark decision in Hindustan Unilever Ltd. Vs. R.B. Wadkar [2004 (2) TMI 41 - BOMBAY HIGH COURT] that re-opening reasons have to be read on stand alone basis without any possibility of addition, deletion or substitution therein at any latter point of time and quash the impugned re-opening itself for having failed to record the appropriate reasons pin pointing escapement of assessee's taxable income from being assessed. Hon'ble apex court's recent landmark judgment in Commissioner of Customs Vs. Dilip Kumar [2018 (7) TMI 1826 - SUPREME COURT] also holds that the provisions in the Act have to be strictly construed only. We thus adopt the very principle mutatis mutandis and quash the impugned re-opening/re-assessment in above terms - Decided in favour of assessee.
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