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2004 (9) TMI 32 - CALCUTTA HIGH COURT
Notice for reopening of assessment u/s 148 - In the instant case, as there was no omission or failure on the part of the assessee to disclose truly and fully all material facts in the return, as the Assessing Officer sought to reopen the assessments due to wrong interpretation of accounts by the Assessing Officer which was not permissible under section 147 of the Act to assume jurisdiction and, the writ petitioner was justified in invoking the writ jurisdiction. - Moreover, since the writ petition was entertained, has been pending and as affidavits have been exchanged, it would be iniquitous to relegate the petitioner to alternative remedy under the Act. Thus, the writ application succeeds. The notices are set aside and quashed