The assessee, a Mauritius company, received facilitation fees of ₹125 crore from MSM under a Facilitation Services Deed. The very same amount had already been assessed substantively in the hands of its Indian group company (WSGI) in search assessment proceedings. Thereafter, the AO reopened the assessee’s assessment under section 147 to tax the same amount in its hands. The  Tribunal held that once the Revenue had already assessed the income substantively in the hands of another assessee, it could not reopen the assessment merely on a contingent apprehension that the income may escape tax if the other assessee succeeded in appeal. The reasons recorded disclosed only a belief that the income “may escape assessment” and not the statutory requirement of a belief that income “has escaped assessment”. Such contingent reopening was without jurisdiction and liable to be quashed. The appeal was allowed. [AY. 2010-11]