The Assessing Officer passed an assessment order under Section 143(3) on 15.12.2018 accepting the returned income. The Court observed that all material relied upon by the new Assessing Officer for reopening had therefore been available to the Assessing Officer when the original assessment order was passed. The Court rejected the Revenue’s objection that the original assessment order did not specifically discuss the Section 54 deduction. The Court noted that these facts had not been denied or disputed by the Assessing Officer in the order dated 08.12.2021. Therefore, all the material relied upon by the new Assessing Officer proposing the reopening were available with the Assessing Officer when the assessment order dated 15th December 2018 was passed.