|The Tax Publishers2021 TaxPub(DT) 0017 (Del-Trib)
INCOME TAX ACT, 1961
Reopening of asessment for same assessment year on the same ground by recording almost same reasons which were recorded for earlier reopening, amounted to change of opinion by AO and, therefore, reassessment was set aside.
Reassessment - Validity - Change of opinion by AO -
AO received information from Investigation Wing as to assessee being beneficiary of entry operators. Accoridngly, AO reopened assessment and made addition. Assessee challenged this on the ground of change of opinion by AO. Held: AO completely ignored earlier reassessment order passed by him under section 147/143(3) in which he had accepted cash credit in dispute in the form of share capital from alleged entities and again reopened case of assessee for same assessment year on the same ground by recording almost same reasons and made same addition which was not permissible.
Relied:Pr. CIT, Central (I) v. Aditya Khanna dated 21-11-2017 ITA 54/2017 : 2017 TaxPub(DT) 5126 (Del-HC).
FAVOUR : In assessee's favour.
A.Y. : 2010-11
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