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2002 (6) TMI 14 - HC - Income TaxReassessment- contention of the petitioner is that the petitioner had disclosed all material particulars of his income, including his status in the return filed by him. As such there was no failure on his part to disclose fully and truly all material facts necessary for his assessment for the relevant year. In this back drop, he further submits that there is no averment in the affidavit to assert that the escapement is by reason of the omission or failure on the part of the assessee to make return or to disclose fully or truly, all material facts necessary for his assessment for the relevant assessment year. He, therefore, submits that in the absence of any averment in this behalf in the affidavit, this court should legitimately presume that no reasons are recorded at least for complying with the second condition precedent required for issuing notice under section 148 of the Income-tax Act, If the existence of these facts is challenged by the assessee before the court, it was obligatory on the part of the Income-tax Officer to satisfy the court even on the second mandatory requirement of the section. In our view the submission is well made out. No material is to be found in the affidavit complying with this second mandatory requirement of section 148 - impugned notice under section 148 are set aside
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