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2014 (7) TMI 348 - HC - Income TaxNotice for reopening of assessment u/s 148 of the Act – Held that:- The assessee has already filed an Appeal to the CIT(A) against the order and the remedy of appeal is an efficacious remedy - It would be open to the assessee to urge all points before the CIT(A) including the validity of the re-opening of the AY 2007-08 - the CIT(A) would take into account all the factors while deciding the Appeal filed by the Petitioner before him - there is no reason to believe that the CIT(A) would not consider and apply – Relying upon Asian Paints Limited. Versus Deputy Commissioner of Income Tax and Another [2007 (1) TMI 159 - BOMBAY High Court] - after rejection of the objections, no re-assessment proceedings would be commenced for a period of four weeks - The decisions of the Court are binding on all the authorities functioning in the State - The fact that the AO was passed in less than ten days of the rejection of objections and that also without indicating how and why the decision of the Court in Asian Paints is not applicable would lead one to conclude that the assessee has not been treated fairly – appeal dismissed since alternate remedy is available - Decided against Assessee.
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