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TMI Blog2013 (7) TMI 320X X X X Extracts X X X X X X X X Extracts X X X X ..... of some new material, he had formed an opinion that it was a case of escaped assessment and the assessee had not disclosed the fact truly and rightly - No substantial question of law involved - Decided against Revenue. - ITA No.80,81/2012 - - - Dated:- 28-6-2013 - Krishn Kumar Lahoti and M A Siddiqui, JJ. For the Appellant : Shri Sanjay Lal, Adv. For the Respondent : None ORDER:- PER : Krishn Kumar Lahoti As the facts of both the cases are identical, both the cases are being decided by this common order. 2. These appeals have been preferred by the Revenue against the orders passed by the Commissioner of Income Tax (Appeals) and the Income Tax Appellate Tribunal, Indore by which the assessment orders framed under sect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 48 of the Income Tax Act. On the aforesaid ground, the assessment order was re-framed. This order was assailed by the assessee before the Commissioner of Income Tax (Appeals). 4. The appellate authority found that if there was some falsity in the return, only then the reassessment can be done as there was no true and full disclosure of facts by the assessee. On the contrary, the assessee had disclosed all the material facts to the assessing officer and the assessing officer after considering the facts by applying its mind, as the matter was in the scrutiny, passed an order of assessment, so it was not an escaped assessment. The income was truly and correctly disclosed with all material facts by the assessee, so the notice under section 14 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alid jurisdiction under section 148 and notices were rightly issued to the assessee and these appeals may be admitted on the aforesaid substantial questions of law. 7. We have considered the case and find that it is a case in which after filing of the return by the assessee the matter was scrutinized and on thorough examination of the facts, the initial assessment order was passed. On the basis of same set of facts, if the assessing officer was of the view that it was a case of escaped assessment, then it was a case of change of opinion and not a case for reassessment. In the present case, there was no new material before the assessing officer to record a finding that on the basis of some new material, he had formed an opinion that it was ..... X X X X Extracts X X X X X X X X Extracts X X X X
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