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2019 (2) TMI 539 - HC - Income TaxReopening of assessment - notice beyond the period of four years from the end of relevant assessment year - assessee's claim of custom duty paid on imports of SCADA - Held that:- The entire issue of the assessee's claim of custom duty paid on imports of SCADA was examined by the Assessing Officer in the original assessment proceedings. Despite this, if the AO was in possession of information then not available to him, sufficient to enable him to form a belief that income chargeable to tax had escaped assessment, reopening of assessment that too beyond the period of four years could still be resorted to. In the present case the entire information or material which the Assessing Officer now seeks to place reliance upon, was before him during the original assessment. This fact was brought to his notice in a detail reply filed by the assessee to the queries raised by the Assessing Officer in which assessee referred the entire investigation of the Custom Department leading to the filing of declaration under KVSS. The Assessing Officer, therefore, did not have any new or additional material on which the impugned notice was based. - Revenue appeal dismissed.
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