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2017 (3) TMI 1678 - HC - Income TaxReopening of assessment - reasons to believe - approach the Court for challenging the reassessment proceedings - Held that:- Delhi High Court in the case of Samsung India Electronics P. Ltd. Vs. Deputy Commissioner of Income-Tax & Ors. [2013 (11) TMI 820 - DELHI HIGH COURT], Asian Paint Ltd. Vs. Deputy Commissioner of Income-Tax & Anr. [2007 (1) TMI 159 - BOMBAY HIGH COURT]; and Garden Finance Ltd. Vs. Assistant Commissioner of Income Tax [2003 (10) TMI 17 - GUJARAT HIGH COURT] wherein all the three High Courts have held that after the assessing officer disposes of the objection filed to a notice under Section 147 by a speaking order, the Assessing Officer should give substantial time between 3 to 4 weeks to the petitioner or the assessee to approach the Court for challenging the reassessment proceedings on merit, may be in a petition under Article 226 of the Constitution and it is only thereafter that the reassessment proceeding should be concluded. Taking note of all these circumstances and considering the submissions made in detail before us, we find that its a case where arguable grounds have been raised and therefore, we cannot dismiss this writ petition in limine at this stage. The objections raised by the petitioner and the justification for the objections given by the Revenue requires serious and detailed consideration. Accordingly, we are not inclined to dismiss the writ petition at this stage as canvassed by Shri Sanjay Lal, learned counsel. We admit the writ petition, direct that the interim order shall continue to remain in operation, we grant liberty to the parties to complete the pleadings and thereafter, the matter be listed for final hearing
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