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2021 (5) TMI 689 - HC - Income TaxReopening of assessment u/s 147 - whether the case is one of failure on the part of the writapplicant as to full and true disclosure of all the material facts for the year under consideration? - HELD THAT:- Having regard to the materials on record, more particularly, the reasons for reopening, we are of the view that the case is one of reopening based on change of opinion. It is settled position of law that when claim has already been examined at the original assessment stage, then in such circumstances, the Assessing Officer cannot resort to reopening, more particularly, to reexamine other facts on the very same claim. We are convinced that the impugned notice under Section 148 of the Act is not sustainable in law. - Decided in favour of assessee.
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