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2010 (4) TMI 767 - HC - Income TaxReopening - Income escaping assessment - Time barred - It is very clear from the facts that the respondent issued a notice under Section 148 of the Income Tax Act - Since the petitioner had already paid the return for the assessment year 1995-96 on 29.02.1996 admitting nil income and an order of assessment had already been passed under Section 143(3) of the Income Tax Act on 31.03.1998 accepting the petitioner's return, in the above said circumstances, the present impugned notices were issued, for which the petitioner submitted his explanation stating that he had already submitted return of income for the assessment year 1995-96 on 29.02.1996 - ssessing Officer is under a mandate to dispose of such preliminary objection by passing speaking order, before proceeding with the assessment in respect of the assessment year for which such notice has been issued After a notice for reassessment has been issued, an assessee is required to file the return and seek reasons for issuance of such notice - The two notices has not complied with the command of Section 151, which clearly rules that no notice shall be issued under Section 148, by an Assessing Officer, unless, the Joint Commissioner is satisfied on the reasons recorded by such assessing officer that it is a fit case for the issue of such notice - Writ petition is allowed
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