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2015 (12) TMI 34 - AT - Income TaxReopening of assessment - Reopening on audit objection - Held that:- In this case, an issue or query is raised and answered by the assessee in original assessment proceedings but thereafter the Assessing Officer did not make any addition in the assessment order. Respectfully following Honourable Delhi high court in CIT V Usha International ( 2012 (9) TMI 767 - DELHI HIGH COURT) in such situations, it should be accepted that the issue was examined but the Assessing Officer, did not find any ground or reason to make addition or reject the stand of the assessee. He forms an opinion. The reassessment will be invalid because the Assessing Officer, had formed an opinion in the original assessment, whether or not he had recorded his reasons in the assessment order. Therefore we do not have any hesitation to hold that the reopening in this case is initiated solely on the basis of 'Change of Opinion' which cannot be sustained. - Decided in favour of assessee
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