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2016 (6) TMI 497 - ITAT AHMEDABADReopening of assessment based upon revenue auditor party’s objections - reasons to believe - Held that:- The assessee’s first argument seeks to quash the impugned reopening by quoting his ‘request’ to revenue audit party hereinabove. He himself makes it clear in the end of the reassessment that the impugned reopening/reassessment has been completed in view of the audit objection. We observe in these peculiar facts and circumstances that this reopening is not based on a judicious approach formed on reasons to believe that there has been escapement of assessee’s taxable income from being assessed but merely seeks to satisfy the revenue auditor party’s objections. Hon’ble jurisdictional high court in RAAJRATNA case (2014 (8) TMI 598 - GUJARAT HIGH COURT) quashes a similar reopening instance by observing that the same does not amount to an Assessing Officer’s satisfaction as per provisions of the Act. The Revenue fails to distinguish its operation in the instant facts and law. We accordingly accept assessee’s first legal argument challenging validity of reopening. We hold the present case to be the one containing Assessing Officer’s failure in recording due independent satisfaction by reiterating that triggering point of a reopening is a judicious belief based on reasons formed in view of tangible material pointing out escapement of taxable income. We accordingly quash the impugned reopening on this score alone. The assessee’s other grounds/arguments on change of opinion and merits are rendered infructuous. - Decided in favour of assessee.
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