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2013 (6) TMI 312 - HC - Income TaxReassessment - validity of notice issued u/s 148 - recording of satisfaction - held that:- the entire approach of the Assessing Officer is throughly misconceived. The Assessing Officer has ignored the binding precedents on the subject to which his attention was drawn. All that the Assessing Officer has stated is that the form of the notice under section 148 which is prescribed by the CBDT does not contain any provision to the effect that the assessee has failed to disclose fully and truly all material facts necessary for the assessment. This is a clear dereliction on the part of the Assessing Officer to follow the mandatory requirements of the proviso to section 147. Again the Assessing Officer sought to explain away her failure to record a satisfaction of the requirement of the proviso to section 147 by stating that this was a typographical error. The omission to state a jurisdictional fact cannot by any stretch of imagination be regarded as a typographical error. Assessing Officer has in purporting to re-open the assessment acted in clear breach of the mandate of the law and of the jurisdictional condition prescribed by the proviso to section 147. - Decided in favor of assessee.
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