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TMI Blog2007 (4) TMI 257X X X X Extracts X X X X X X X X Extracts X X X X ..... se there was no such material or information, therefore, the case was one where upon a review of the original assessment order, the Income-tax Officer was of the changed opinion on the same material that some income had escaped assessment. This could not have justified re opening of assessment - 164 of 1989 - - - Dated:- 27-4-2007 - SUSHIL HARKAULI and AJAI KUMAR SINGH JJ. C. S. Agarwal, An ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4. It has been laid down lit a catena of decisions that for reopening the assessment, the Assessing Officer must have "reason to believe" that income has escaped assessment and the "reason to believe" must be founded upon some information of fact which was not part of the record on which assessment had been originally completed. 5. Learned counsel for the Department has sought to widen the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e where upon a review of the original assessment order, the Income-tax Officer was of the changed opinion on the same material that some income had escaped assessment. This could not have justified re opening of assessment. 7. We are not examining the question whether on such facts rectification of error under section 254 was permissible. 8. Our answer to the question referred is, therefor ..... X X X X Extracts X X X X X X X X Extracts X X X X
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