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2019 (7) TMI 803 - HC - Income TaxReopening of assessment u/s 147 - survey u/s 133A was conducted in the business premise - reassessment based on documents sized/obtained in survey - assessee contend that documents obtained have no evidentiary value under the Evidence Act - not pressed the substantive prayers made in the writ petition - HELD THAT:- The respondent has set in motion the steps for reassessment upon reopening the assessment orders. The petitioner is afforded opportunity to substantiate its return. The petitioner by praying for a writ of mandamus or direction as noted above, would virtually lay the path on which the proceedings u/s 148 are to be undertaken and concluded. This Court is of the view that now that the proceedings u/s 148 are initiated, the commencement as well as conclusion are very well defined by the procedure under the Income Tax Act. AO is seized of the issue and the prayer now made if is considered the same amounts restricting the discretion by this Court and in the peculiar facts of this case, this Court is of the view that such directions amount to intercepting the otherwise duly regulated power of AO and substituting the view of this Court. This Court is not persuaded to accept the request of petitioner. Therefore, no ground is made out warranting the issuance of a direction to the limited extent noted above. Writ petition fails and dismissed. However, Mr. Anil D Nair apprehends that the objections that are available in this behalf may also be shut out by understanding the order of this Court in a different way, to avoid such eventuality he requests the Court to permit the petitioner to file additional comprehensive reply to the notices impugned in the writ petition. Mr. Christopher Abraham submits that three weeks’ time from today can be considered and given to petitioner.
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