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2018 (1) TMI 675 - HC - Income TaxReopening of assessment - condition precedent necessary under Section 151(1) not complied - recording of satisfaction - issue of notice after 4 years - Held that:- Since from the facts, it is evidently clear that the condition precedent necessary under Section 151(1) for issuance of a notice under Section 148 is not available or is reflected that from the proceedings, it is then that the principles laid down by the Constitutional Bench of Hon’ble Supreme Court in the case of “Calcutta Discount Company Ltd. vs. Income Tax Officer” [1960 (11) TMI 8 - SUPREME Court] other similar judgments come into play envisaging the writ Courts having the power to exercise the power of issuance of writ, prohibiting the Income Tax officer from the proceedings with reassessment when patently it appears that the proceedings are in contravention to the provisions of the Income Tax Act. Since this Court finds that issuance of notice under Section 148 at the first instance itself was without a proper sanction as is required under the proviso to Section 151(1) of the Income Tax Act. We need not go into the veracity and merits of the case any further at this stage. - Decided in favour of assessee
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