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2018 (10) TMI 1731 - HC - Income TaxReopening of assessment u/s 147 - reason to believe - sanction under section 151 - HELD THAT:- Conditions to be satisfied for reopening assessment for the assessment year 2009-10, in terms of section 147 i.e., reason to believe that the income chargeable to tax has escaped assessment, non-disclosure of material facts fully and truly by the assessee is apparent. Assertion and denial by the parties in this behalf give rise to disputed questions of fact. Notice u/s 148 has been issued after sanction under section 151. At this stage no breach or non-compliance with sections 147, 148 and 151 of the Act is forthcoming. However, it gives rise to factual dispute. There is no jurisdictional error, or lack of jurisdiction forthcoming at this stage. Against reopening of assessment for the assessment year 2009-10, statutory efficacious remedies under the Act are available which cannot be allowed to be sidelined, exercise of jurisdiction under article 226 of the Constitution in the background of the factual disputes is not warranted so as to interfere with the proceedings so initiated. Writ petition is held to be not maintainable. The petitioners have efficacious remedies available under the "Act" which they have every right to exhaust. The disposal of this writ petition, the observations made hereinabove, shall be without prejudice to the rights of the petitioners in contesting the matter before available forum including appellate forum.
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