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2011 (12) TMI 61 - HC - Income TaxReassessment u/s 147 / 148 after filing of revised return - after revised return AO made inquiry u/s 133(6) and issued notice u/s 148 - reason to believe - held that:- Failure to communicate the said processing (u/s 143(1)) is something separate and cannot be equate with pendency of the assessment proceedings under Section 143(3) of the Act. Once the order under Section 143(1) of the Act was passed, and no notice under Section 143(2) has been issued, the Assessing Officer can issue notice under Section 147/148, if the pre-conditions are satisfied. In view of the authoritative pronouncement of the Supreme Court in the case of Rajesh Jhaveri (2007 -TMI - 6563 - SUPREME Court), we are of the opinion that in the present case the Assessing Officer has jurisdiction to invoke Section 147/148 of the Act. It is not disputed and doubted by the petitioners that the period of service of notice under Section 143(2) of the Act after filing of the original/revised returns has expired. Regular assessment proceedings under Section 143(3) cannot be initiated and the question considered. The only option available to Assessing Officer is to issue notice under Section 148 of the Act. - Decided against the assessee.
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