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2010 (2) TMI 660 - AT - Income TaxIncome escaping assessment - A.O. initiated the proceeding u/s. 154 of the Act and said proceeding, as per record, has not reached the finality, either by dropping the same or passing any order in the said proceeding. As per the reasons recorded by the A.O. as the assessee did not respond to the notice issued u/s. 154, the A.O. initiated the proceedings u/s. 147 and in consequence issued the notice u/s. 148. It is also admitted fact that except the return of income of the assessee and its enclosures, no other extra material or information was in possession of the A.O. - Hon’ble High Court of Gujarat in Damodar H. Shah v. ACIT (2000 (6) TMI 27 - GUJARAT High Court)has explained in details the difference between S/s. 154 viz-a-viz 147 – As per said decision there is no bar to evoke sec. 147 but A.O. has to demonstrate why he was required to do so. Nothing has been demonstrated by A.O. in this case. In our opinion, for the reasons given above, the A.O. was not justified in issuing the notice to the assessee u/s. 148 - proceedings initiated u/s 147 set aside.
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