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2014 (6) TMI 289 - HC - Income TaxValidity of notice u/s 148 of the Act - Reasons for reopening the assessment not considered – Held that:- The notice was issued on March 23, 2012 – it was received by the assessee on March 26, 2012 - on the date of issuance of notice, no reasons for issuing such notice were recorded - Requirement of recording reasons flows from the statutory provisions of section 148(2) of the Act- Sub-section (1) of section 148 as is well known pertains to issuance of notice where income has escaped assessment - sub-section (1) of section 148 pertains to such a notice to be issued by the AO before making the assessment, reassessment or re-computation of income u/s 147 of the Act - Sub-section (2) of section 148 provides that the AO shall, before issuing any notice under the section, record his reasons for doing so - When such essential requirement of issuance of notice under sub-section (1) of section 148 was not fulfilled, the notice itself would be rendered ineffective - issuance of notice the Commissioner's approval was also obtained on March 19, 2012 - If the AO had not recorded reasons, the Commissioner cannot persuaded himself to authorize issuance of notice – thus, the notice set aside – Decided in favour of Assessee.
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