Allowing the petition the Court held that , mere incorporation of a clause in the partnership deed providing for payment of interest partners capital and remuneration does not necessarily mean or should be construed as mandatory. It is the settled position of law that the condition precedent for reopening an assessment is that the Assessing Officer should be satisfied based on some cogent or tangible material, that the case is one of escapement of income chargeable to tax. In the absence of escapement of any income chargeable to tax, it is not open for the Department to reopen the case of the assessee. (AY. 2011-12)