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2004 (3) TMI 22 - HC - Income TaxNotice u/s 148 - powers of AO to issue notice u/s 148, especially, when the revisional authority has already reopened the assessment in exercise of revisional powers u/s 263 and on remand the assessment is pending - submission of Revenue that the petitioner should be asked to raise all its objections to the validity of the notice before the AO does not survive in view of our finding that the powers under sections 147 and 148 could not have been invoked by the AO in the peculiar facts of this case - If the AO has taken a wrong decision that by itself cannot be a ground to reopen the assessment that too beyond the period of four years. In this case, no reasons are to be found alleging any failure on the part of the assessee to fully and truly disclose all material for the assessment. On this count also, invocation of the powers u/s 147 and issuance of notice u/s 148 are absolutely bad in law - impugned notice u/s 148 and the reasons recorded in support thereof u/s 147 are quashed and set aside.
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