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In the first ground of appeal, grievance of the appellant, in substance, is that the learned CIT(A) erred in “confirming the order of the Assessing Officer in respect of reopening the assessment, particularly when the Assessing Officer had no reason, to believe that any income chargeable to tax has escaped the assessment, except communication from Director General of Income Tax (Investigation) Kolkata to the effect that Hon’ble Justice M B Shah Commission has determined that the appellant has under invoiced the export of iron core to the extent of Rs. 11,04,27,609

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Sec. 147 & 148 of Income Tax Act, 1961—Reassessment—It is for the AO to form an opinion as to whether there was escapement of income from assessment and whether such escapement occurred from failure on the part of the assessee to disclose fully and truly all material facts necessary for his assessment for the concerned assessment year; and it is for him to put his opinion on record in black and white and the reasons recorded must disclose his mind and they should be self-explanatory and the reasons recorded cannot be supplemented by the time the matter reaches the Court by filing of any affidavit or making any oral submission, thus, it is not open to the revenue to seek to sustain the re-opening notice on a new reason, namely, disallowance of deduction of expenditure since the whole activity was illegal - ASHAPURA MINECHEM LTD. V/s DEPUTY CIT - [2020] 81 ITR (TRIB) 111 (ITAT-MUMBAI)