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2017 (6) TMI 1113 - AT - Income TaxValidity of reopening of assessment - reasons to believe - Held that:- In the absence of anything in the reasons recorded to suggest that the income chargeable to tax which has escaped assessment is one lac rupees or more, the notice issued u/s 148 of the Act beyond four years of the end of the relevant assessment year, is invalid. This ratio, in my considered opinion, is applicable to the present case with full force and the ld. CIT(A) has erred in holding that the decisions in both these cases are distinguishable. For the foregoing discussion, respectfully following the decisions “in Mahesh Kumar Gupta” (2013 (4) TMI 444 - ALLAHABAD HIGH COURT) and “Amar Nath Agarwal” (2014 (10) TMI 8 - ALLAHABAD HIGH COURT ), finding force in the grievance raised by the assessee in this regard, the same is accepted. The CIT(A)’s order on this issue is reversed. The notice issued u/s 148 of the Act and all proceedings pursuant thereto, culminating in the order under appeal, are held to be null and void-ab initio. - Decided in favour of assessee.
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