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2022 (1) TMI 1230 - HC - Income TaxReopening of assessment u/s 147 - respondent has passed the impugned order disposing/over ruling the objection of the petitioner against reopening of the Assessment under Section 148 - HELD THAT:- In this case, the assessment was made pursuant to returns filed under Section 139 of the IT Act. The scrutiny assessment passed under Section 143 (3) of the Income Tax Act was based on the information in the returns. Whether there was a suppression of facts or not may be decided in the proceedings under Section 148 - The impugned order has merely justified the reasons for reopening of the assessment. It cannot be said that the respondent has come to a definite conclusion as to whether indeed the case made out for recomputing the income based on the reasons given and the observations in the impugned order. It is still open for the petitioner to give a proper explanation/reason as to why the assumption of Jurisdiction under Section 148 of the IT Act was erroneous both on the facts and on the law. We are not inclined to interfere with the impugned order over ruling the objection of the petitioner. Liberty is however given to the petitioner to participate in the proceedings before the respondent by filing suitable reply for the respondent to pass appropriate reassessment order in accordance with law and on merits. It is made clear that the observation in the impugned order is only for disposing the objection of the petitioner against reopening the completed assessment. Ultimately, the issue will have to be decided on merits. It is for the petitioner to file appropriate reply/representation explaining the reason as to why the completed under Section 143(3) of the IT Act on 07.10.2016 deserves to be reconfirmed. Writ Petition filed by the petitioner is disposed. The respondent is directed to complete the proceedings within a period of three months from the date of receipt of a copy of this order.
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