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2012 (5) TMI 259 - GUJARAT HIGH COURTReassessment - notice u/s 148 - payment of commission on export - power and authority for reopening a case - held that:- the condition precedent for exercising power of reopening the assessment as provided in Section 147 of the Act is absent and the Assessing Officer acted illegally in issuing notice of reassessment by forming a second opinion on the selfsame materials without having any “tangible material” to exercise jurisdiction. - Decided in favor of assessee.
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