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2009 (11) TMI 47 - HC - Income TaxReassessment – issuance of notice u/s 148 - change of opinion –there was no employer employee relationship between Shri Sanjeev Suri and the petitioner firm. The CWP No. 17246 of 2009 alleged allegation in the notice as well as in the reasons sheet is that the claim made in respect of Keyman Insurance Policy on the life of Shri Sanjeev Suri was not allowable deduction as Shri Sanjeev Suri was partner of the firm. On account of the mistake committed in status of the aforesaid Shri Sanjeev Suri, the assessment is sought to be re-opened – held that - argument that the show cause notice and proceedings thereafter are without jurisdiction, is wholly without merit. It is not a case where the department is proceeding on the basis of change of opinion. The department appears to be well within its right to re-open the assessment as there is error apparent on the face of record. The case set up by the department would not fall within the prohibition contemplated for re-opening of assessment proceedings on account of escapement of income – issue of notice u/s 148 upheld
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