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2022 (1) TMI 379 - HC - Income TaxReopening of assessment u/s 147 - Eligibility of reasons to believe - issuing the notice under section 148 after expiry of 4 years - HELD THAT:- AO who passed the original Assessment Order had all material facts before him when he made the original assessment. When the primary facts necessary for assessment are truly and fully disclosed, the Assessing Officer is not entitled on change of opinion to commence proceedings for reassessment. This Court in Ananta Landmark Pvt. Ltd. v/s. Deputy Commissioner of Income Tax [2021 (10) TMI 71 - BOMBAY HIGH COURT] has held that Where on consideration of material on record, one view is conclusively taken by the Assessing Officer, it would not be open to reopen the assessment based on the very same material with a view to take another view. Thus the notice issued for re-opening the assessment has been issued without jurisdiction.- Decided in favour of assessee.
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