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2006 (6) TMI 81 - HC - Income TaxValidity of notices issued under section 148 - reopening of the assessment is based on the presumption that the assessee might have recovered higher amount than what was declared by the assessee and there is no material on record to suggest that the assessee had received higher amount which has escaped assessment. In these circumstances, it cannot be said that there was any failure on the part of the assessee to disclose fully and truly all materials. Consequently, the reopening of the assessment by the impugned notice cannot be sustained
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