2024 (8) TMI 372 - SCH - Income Tax

Reopening of assessment u/s 147 - reopening on the base of a factual error pointed out by the audit party - Independent application of mind by AO or not? - As decided by HC 2023 (3) TMI 987 - GUJARAT HIGH COURT AO without any conviction, when has issued the notice, this surely is not a case where the reopening of the case is on the basis of any factual error pointed out by the audit party - no material worth the name emerging that to indicate any independent application of mind could be noticed. On the contrary, there are glaring facts which have been pointed out that the AO had no subjective satisfaction while issuing the notice of reopening HELD THAT - Heard learned counsel for the parties. As similar matter has already been dismissed, the instant petition also stands dismissed. Pending application(s), if any, shall stand disposed of.