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2016 (12) TMI 413 - HC - Income TaxReasons for re-opening the case u/s. 147 - as contended by assessee that the assessment is sought to be reopened on the audit objections only and there is no independent opinion formed by the A.O. - Held that:- We call for the original files from the office of the A.O. Mr. Parikh, learned counsel appearing on behalf of the revenue has produced the relevant files from the office of the A.O. On perusal of the files, noting and the relevant documents, it appears that after the audit party raised objections, A.O. in fact justified the assessment order and in fact requested to drop the audit objections. Even in the communication to the higher authority for approval to initiate proceedings under section 147, A.O. has reiterated and stated that according to him the audit objection is required to be dropped, however, remedial action is required to be taken as precautionary measures. Under the circumstances, there is no subjective satisfaction on the part of the A.O. that the income has escaped the assessment. Thus the impugned reopening proceedings cannot sustain and the same deserves to be quashed and set aside on the aforesaid ground alone. - Decided in favour of assessee
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