High Court dismissed the Department’s appeal from the order of the Tribunal, holding that on the facts it had been found that no reasons were recorded by the Assessing Officer in support of the reopening notice dated March 6, 2009, was not a case of clerical error, but where a substantial condition for a valid reopening notice, viz., recording of reasons to form a reasonable belief, was not satisfied, and that therefore, section 292B of the Act, would have no application. On a petition for special leave to appeal dismissing the petition the Court held  that  the reasons to reopen the assessment were recorded after issuance of the reassessment notice and, therefore, it could be seen that at the time when the notice for assessment was issued, there was no subjective satisfaction. The High Court had not committed any error in setting aside the reassessment proceedings.  (AY.2004-05)