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2022 (6) TMI 905 - HC - Income TaxReopening of assessment u/s 147 - Eligibility of reasons to believe - HELD THAT:- Reasons do not give any particulars as to what was the failure on the part of the Petitioner. On the contrary, the Reasons state that "it is on the perusal of the assessment record" that figure of only Rs.1271375/- could be seen. It is nowhere stated that, which is sought to be contended now, the second page of Note-15 was not part of the assessment record. Furthermore, what is sequator of this position is not explained as to how the second page came to be missed. Even when this fact was pointed out by the Petitioner, while disposing of the objections, the Respondent Officer did not state that the second page of the Note was not available. As in light of this factual position, the argument of the Petitioner that the impugned notice and the order proceeds on the erroneous factual ground, without looking at the relevant page, will have to be accepted. Since the foundation of the Reasons for reopening the assessment on facts, apart from various other legal challenges that arise, does not survive, the impugned notice and consequent order will have to be quashed and set aside.
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