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2005 (8) TMI 99 - MADHYA PRADESH HIGH COURTIncome Escaping assessment - Validity Of notice issued u/s 148 - contravention of section 153A - HELD THAT:- It is not the case of the petitioner that the impugned notice does not satisfy the requirement of section 148 ibid. On the other hand, it clearly appears that firstly the notice under section 148 could be issued for the assessment year 1997-98 being well within time. Secondly, the Assessing Officer was empowered and had an authority to issue such notice. Thirdly, the notice contains reasons as required under section 148 and which are supplied to the petitioner and lastly on the strength of the material collected in the raid conducted on October 8, 2003, in the premises of the petitioner a formation of belief for escape assessment could validly be formed for reopening of assessment made for the year 1997-98. Indeed as observed supra, the petitioner did not challenge the notice on any of these grounds which alone could be made the basis to challenge the impugned notice it being issued under section 148 ibid and hence, there is no difficulty in upholding the impugned notice which is rightly issued in conformity with the requirement of section 148 ibid. Thus, I do not find any merit in the writ. It is accordingly, dismissed. As a consequence, all interim orders are vacated.
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