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2023 (1) TMI 68 - HC - Income TaxReopening of assessment u/s 147 - petitioner’s return of income did not offer to tax receipts of professional service charges from S.R. Batliboi & Associates LLP - HELD THAT:- The order passed under Section 143(1) of the Act is not an assessment for the purposes of Section 147 - Further, it is not necessary in such a case for the Assessing Officer to come across some fresh tangible material to form a belief that income has escaped assessment. The scrutiny assessment for assessment year 2019-20 also offers no assistance to the petitioner, as the petitioner did not place on record any documents such as Contract Agreement under which such transactions were carried out, copy of original invoices (not just invoice breakup) to show that the services rendered by the petitioner during assessment year 2018-19 were identical/similar to the services rendered to M/s Batliboi & Associates LLP in the assessment year 2019-20. Needless to state that if petitioner is able to satisfy the AO that the services rendered in the present assessment were similar/identical to the services rendered in the assessment year 2019-20, the re-assessment proceedings would be closed.
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