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2017 (5) TMI 125 - ALLAHABAD HIGH COURTReassessment - validity of notice issued u/s 148 - Whether the Tribunal is justified in law in holding that the Assessing Officer had no relevant material to issue notice u/s 148 of the Income Tax Act, for the year under consideration? - Held that: - Section 147 came up for constitution in Ganga Saran & Sons P. Ltd Vs Income Tax Officer & others [1981 (4) TMI 5 - SUPREME Court], where it was held that If there is no rational and intelligible nexus between the reasons and the belief, so that, on such reasons, no one properly instructed on facts and law could reasonably entertain the belief, the conclusion would be inescapable that the Income Tax Officer could not have reason to believe that any part of the income of the assessee had escaped assessment and such escapement was by reason of the omission or failure on the part of the assessee to disclose fully and truly all material facts and the notice issued by him would be liable to he struck down as invalid - the Tribunal could not have gone into the adequacy and sufficiency of reasons - appeal allowed - decided in favor of Revenue.
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