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2014 (10) TMI 623 - HC - Income TaxMaintainability of appeal – Alternate remedy availed by assessee - Validity of notice for reopening of assessment u/s 148 – Held that:- The assessee has already invoked an efficacious alternative of filing an appeal to CIT(A) raising all the issues including the issue of jurisdiction to reopen the assessment for AY 2007-08 - the conduct of the AO in delaying the proceeding and thereafter pleading helplessness by stating that unless he passes the reassessment order before 31 March 2014 the same would become time barred is a little strange - This conduct on the part of the AO is not appreciated - The entire procedure of giving of reasons and dealing with objections before reassessment proceedings can commence as decided in GKN Driveshafts (I) Ltd. v/s. I.T.O. [2002 (11) TMI 7 - SUPREME Court] was only to ensure that the reassessment proceedings are not taken by the AO without satisfaction of the preconditions of Sections 147 and 148 of the Act as a safeguard against harassment – the hurry in passing Assessment order could lead to injustice not only to the assessee but also to the Revenue as it is likely the proper consideration would not be given to the issues involved - However, as the asessee has already invoked an efficacious alternative remedy by filing an appeal before CIT (A), there no reason to entertain the petition - All contentions left open to be urged before CIT(A) – Decided against assessee.
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