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2013 (7) TMI 480 - HC - Income TaxReopening of assessment - whether the Department by taking recourse to the proceedings u/s 147/148 can reopen an assessment which was done pursuant to the directions issued by the AC u/s 144A – Held that:- Assessing Officer is trying to reopen and reappraise the assessment on the same set of facts it is a mere change of opinion – the order passed u/s 144A which has a "binding" effect on the AO became final and cannot be reopened by issuing the notice u/s 148 - Court relied upon CIT v. Rao Thakur Narayan Singh (1964 (10) TMI 17 - SUPREME Court) - the Department did not take steps to revise the order passed u/s 144A by invoking the provisions of section 263, the notice u/s 148 issued cannot be sustained thus set aside and quashed – petition allowed in favour of assessee.
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