2012 (4) TMI 805

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.... Shri Anirudh Rai, CIT Respondent by : Shri V.Subbarayan, DCIT(Retd.) O R D E R PER N.S. SAINI, ACCOUNTANT MEMBER This is an appeal filed by the Revenue against the order of the ld.CIT(A)-I, Madurai, dated 12.08.2011. 2. Ground Nos. 1 & 6 of the appeal are general in nature and hence, requires no adjudication by us. 3. Ground Nos.2 to 4 of the appeal are directed against the orde....

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....nd determined the loss at Rs. 1,93,073/- vide order dated 29.12.2009. 5. The assessee filed appeal before the ld.CIT(A) objecting to the reopening of assessment after scrutiny assessment was completed. The ld.CIT(A) called for the assessment records and found therefrom that the reopening of assessment was subsequently done at the behest of objection raised by audit authorities and that the rele....

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....rong legal inference from the facts disclosed then also he will not on that account be competent to commence re-assessment proceedings. The ld.CIT(A) further relied on the decision of Hon'ble Supreme Court in the case of Indian and Eastern Newspaper Society vs CIT [1979] 119 ITR 996(SC) where it has been held that audit opinion was still an opinion and not information good enough to justify re....