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2021 (3) TMI 409 - ITAT BANGALOREReopening of assessment u/s 147 - reopening of assessment beyond a period of 4 years - Disallowance of expenses claimed under breakages & damages - Addition for the alleged reason that, it is only an estimate, in the nature of provision and hence not allowable - HELD THAT:- Queries were raised by the Ld.AO on the same issue and assessee had filed submissions in respect of the issues considered for reopening the assessment. On a co-joint reading of all the materials filed by assessee before the Ld.AO in respect of alleged issues and the assessment order passed, it necessarily implies an opinion of the erstwhile assessing officer not to consider the issues to be taxable, though silent in the original assessment order. Therefore and the subsequent issuance of notice to reopen the assessment on such issues amounts to change of opinion. Further the reasons recorded reproduced hereinabove suggests that there was no failure on behalf of assessee to fully and truly disclose all material facts necessary for assessment, which is a necessary precondition for reopening an assessment beyond a period of 4 years as stipulated under the Act. The reasons recorded also reveal that, there has been no new material available with the Ld.AO which could justify the reopening of a concluded assessment beyond a period of 4 years. We set aside and quash the notice dated 17/05/2016 seeking to reopen a concluded assessment to be bad in law. As we have set aside and quashed the notice of reopening, consequential assessment order passed by the Ld.AO stands to be quashed and set-aside. Appeal filed by assessee stands allowed.
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