Tribunal held that , there is no allegation of failure on part of assessee to disclose material facts. Reasons recorded   without independent application of mind . The statement of two persons relied upon was retracted and alleged statements of two persons were not with the AO at the time of reopening of assessments. No enquiry or prima facie verification was made .Therefore the reopening was bad in law as the reasons recorded were without application of mind  .( AY.2009 -10)