|The Tax Publishers2020 TaxPub(DT) 5406 (Pune-Trib)
INCOME TAX ACT, 1961
Reassessment made by AO could not be held as justified as perusal of the reasons recorded clearly showed that the assessment was re-opened on the basis of same set of facts and there was no new tangible material that had come to his possession which formed the basis of re-opening of assessment.
Reassessment - Basis for reopening of assessment - No material to instutitue proceedings -
Assessee's assessment was reopened on the ground that it had claimed salary earned by him in UK as non-taxable in India as per clause 15(1) of India-UK DTAA ignoring clause 15(2)(b) of the said DTAA. Held: A perusal of the reasons recorded by AO clearly showed that the assessment was re-opened by him on the basis of same set of facts and and there was no new tangible material that had come to his possession which formed the basis of re-opening. Hence, reopening of assessment could not be held as justified.
REFERRED : Sandvik System Development [(2017) 88 Taxman.com 55 (Pune-Trib)(Mag) : 2017 TaxPub(DT) 5118 (Pune-Trib)]
FAVOUR : In assessee's favour.
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