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2014 (3) TMI 223 - BOMBAY HIGH COURTValidity of Notice issued u/s 148 of the Act – Opportunity of being heard – Held that:- The Assessing Officer would have had ample occasion to consider and detect all the material disclosed by the petitioner during proceedings under Section 143(3) of the Act - Besides, from the reasons recorded for reopening of the assessment, it is very clear that the same has been issued on examination of the computation of the income and details furnished under Section 44AB of the Act - it cannot be said that there was a failure on the part of the petitioner to disclose material facts necessary for assessment proceeding during the original proceedings leading to the Assessment Order dated 21 April 2008 - there has been no failure on the part of the petitioner to disclose fully and truly all material facts necessary for assessment during the original assessment proceeding leading to Assessment Order dated 21 April 2008 - Thus, the notice dated 22 March 2013 is unsustainable. There is no occasion to consider the petitioner's other contention that there is no reason to believe that income chargeable to tax has escaped assessment as the present proceeding initiated by the impugned notice dated 22 March 2013 is mere change of opinion – thus, the notice dated 22 March 2013 is an order without jurisdiction - the requirement of the first proviso to Section 147 of the Act is not satisfied – thus, the notice dated 22 March 2013 issued under Section 148 of the Act is set aside – Decided in favour of Assessee.
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