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2010 (1) TMI 44 - HC - Income TaxIssuance of notice u/ 148 – challenge under article 226 of the constitution – claim of deduction u/s 80IB – assessment was completed u/s 143(3) – held that - Though an attempt was made on behalf of the Revenue to urge that the assessee should be relegated to the ordinary remedy of an appeal against the order of the assessment, we are of the view that a petition under Article 226 of the Constitution would be maintainable for questioning reopening of the assessment in a case such as this where the preconditions for the exercise of the power have not been fulfilled. - recourse to the power under Section 147 cannot be sustained on a mere change of opinion, there being no failure of the assessee to disclose fully and truly, all material facts necessary for assessment. The basic condition prescribed by the statute for the exercise of the power has not been fulfilled – decided in favor of assessee
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