Assessing Officer issued a reopening notice on ground that brought forward unabsorbed depreciation could not be adjusted against income from capital gains and it could only be set off against income from business.  On writ allowing the petition the Court heeld that  the  assessee had filed all details related to brought forward unabsorbed depreciation which was also considered by Assessing Officer while passing assessment order under section 143(3) of the Act. The Assessing Officer had in his possession all primary facts and it was for him to draw proper inference as to whether brought forward unabsorbed depreciation should be adjusted against capital gains or profit and gains from business or profession. There was nothing more to disclose for assessee. Since the  assessee had truly and fully disclosed all material facts necessary for purpose of assessment and they were carefully scrutinized and figures of income as well as deductions were worked out carefully by Assessing Officer during original assessment proceedings, the notice and order disposing the objection. is quashed. Followed  Gemini Leather Stores v.ITO (1975) 100 ITR 1 (SC)  (AY. 2006-07)