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Reopening of assessment based solely on an audit party's...
Reopening of assessment cannot rest solely on an audit party's opinion; reassessment under Section 147/148 is impermissible and power of revision should be considered.
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Reopening of assessment based solely on an audit party's objection does not satisfy the statutory 'reason to believe' required for reassessment; the audit objection is characterised as an expert opinion and its reliance amounts to a mere change of opinion. The assessing officer's prior detailed scrutiny and disallowance of exemption under Section 80-IA after threadbare inquiry precluded invoking reassessment provisions where the same issue had been considered from all conceivable angles. Where omission arose from the AO's inability to envisage a point, that does not confer power to reopen under reassessment provisions; the departmental remedy available was power of revision rather than reassessment.
Reopening of assessment based solely on an audit party's objection does not satisfy the statutory 'reason to believe' required for reassessment; the audit objection is characterised as an expert opinion and its reliance amounts to a mere change of opinion. The assessing officer's prior detailed scrutiny and disallowance of exemption under Section 80-IA after threadbare inquiry precluded invoking reassessment provisions where the same issue had been considered from all conceivable angles. Where omission arose from the AO's inability to envisage a point, that does not confer power to reopen under reassessment provisions; the departmental remedy available was power of revision rather than reassessment.
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