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2017 (3) TMI 393 - GUJARAT HIGH COURTReopening of assessment - scrutiny assessment u/s 143(3) sought to be reopened by AO solely relying upon the DVO’s report - Held that:- Nothing is on record that except the DVO’s report there was any further inquiry and /or material available with the Assessing Officer to form an independent opinion that the income chargeable to tax has escaped the assessment for the Assessment Year 2005-06. As held by Hon’ble the Supreme Court in the case of Dhariya Construction Co. (2010 (2) TMI 612 - Supreme Court of India) opinion given by the District Valuation Officer is not per se information for the purpose of reopening an assessment under Section 147 of the Act. Thus solely on the basis of the DVO’s report, the Assessing Officer is not justified in reopening the assessment, which was, as such, scrutiny assessment under Section 143(3) of the Act. - Decide n favour of assessee
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