https://www.taxtmi.com/caselaws?id=769303 ITAT Hyderabad quashed the reopening of assessment under section 147 where the AO issued notice under section 148 based on incorrect assumption that the assessee was a non-filer who failed to disclose capital gains from property sale. The assessee had actually filed return on 22.12.2015 disclosing the capital gains. Since the foundation for reopening collapsed due to factual error, the subsequent assessment order under section 144 read with 144C(13) could not survive in law. The AO failed to apply mind to relevant material before concluding income had escaped assessment. The invalid reasons recorded by the AO rendered the reopening unsustainable. en-us Mon, 21 Apr 2025 00:00:00 +0530 Wed, 23 Apr 2025 09:09:32 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=769303 ITAT Hyderabad quashed the reopening of assessment under section 147 where the AO issued notice under section 148 based on incorrect assumption that the assessee was a non-filer who failed to disclose capital gains from property sale. The assessee had actually filed return on 22.12.2015 disclosing the capital gains. Since the foundation for reopening collapsed due to factual error, the subsequent assessment order under section 144 read with 144C(13) could not survive in law. The AO failed to apply mind to relevant material before concluding income had escaped assessment. The invalid reasons recorded by the AO rendered the reopening unsustainable. Case-Laws Income Tax Mon, 21 Apr 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=769303