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2018 (12) TMI 990

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..... laim which the Assessing Officer wants to revisit through the reassessment proceedings, is not a new one. It was started by the assessee for the first time in the Assessment Year 2000-2001 and was accepted by the Department. Without there being any other change, such issue could not have been reissued in the present assessment year, particularly when the claim was also accepted after scrutiny in t .....

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..... e ITAT was correct in cancelling the assessment order u/s 143(3) r.w.s. 147 of the I.T.Act for the year under consideration, holding that notice u/s 148 was bad in law without appreciating the fact that in this case no scrutiny assessment was done u/s. 143(3) and that the reopening of the case by way of issuance of notice u/s 148 of the Act was very much within the purview of law? 3. The issu .....

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..... ich was also accepted under scrutiny assessment. Notice for reopening this assessment was issued which was declared invalid by the Tribunal on the ground that there was no failure on the part of assessee to disclose fully and truly all material facts and that no new material or information had come into possession of the Assessing Officer after completion of the assessment. 4. Learned counsel f .....

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