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2014 (3) TMI 772 - HC - Income TaxValidity of order u/s 127 of the Act – transfer of case - Reassessment - Time-barred notice u/s 148 of the Act – Held that:- These notices dated 23 July 2013 for re-opening would have been issued after the Assessing Officer at Hyderabad had come to a reasonable belief that Income chargeable to tax has escaped assessments and recorded reasons for the same - Thus, the jurisdiction has already been exercised by the DCIT at Hyderabad after the passing of impugned order dated 31 August 2012 under Section 127 of the Act. The petitioner is not challenging the order dated 31 August 2012 at the earliest and letting all believe particularly, the Assessing Officer i.e. Deputy Commissioner of Income Tax at Hyderabad that the order of transfer dated 31 August 2012 under Section 127 of the Act from Mumbai to Hyderabad was acceptable to the petitioner - This led the Assessing Officer to exercise his jurisdiction - the delay in filing a petition in the Court of over two months and the neglect in moving the Court to seek a stay on the impugned order dated 31 August 2012 is unexplained. There is no reason to entertain the present petition - The petitioner's conduct is indicative of it having accepted the order of transfer dated 31 August 2012 - This is as the petition was filed only in February 2013 and thereafter not moving the Court for any interim relief. It is only when the Assessing Officer at Hyderabad issued four impugned notices dated 23 July 2013 under Section 148 of the Act, seeking to re-open the earlier Assessments that this petition was mentioned on 12 August 2013 and placed on board on 20 August 2013 for urgent interim relief and amendment - This is a clear case of laches on the part of the petitioner – Decided against Assessee.
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