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2020 (1) TMI 695 - HC - Income TaxReopening of assessment u/s 147 - whether the Assistant Commissioner of Income-Tax, Visakhapatnam, before reopening the assessment under the first proviso to Section 147 of the IT Act, had got approval of the Commissioner under Section 151 of the IT Act or not? - whether the Assistant Commissioner of Income-Tax, Visakhapatnam, before reopening the assessment under the first proviso to Section 147 of the IT Act, had got approval of the Commissioner under Section 151 of the IT Act or not - HELD THAT:- Admittedly, in the present case, reassessment proceedings were initiated by issuance of notice under Section 148 of IT Act and the petitioner was granted 30 days time for filing its return. If the petitioner was oversure that it was not a case of intentional escape of taxable income on nondisclosure, the petitioner would have satisfied the Assessing Authority by way of filing its return in compliance with the impugned notice but, in the present case, except filing return, the petitioner had taken all other course such as filing of objection and invoking the writ jurisdiction of this Court. If this Court interferes at the initial stage of reopening proceedings, certainly, it will amount to stay of proceedings for recovery of tax. Obviously, learned counsel for the petitioner even though had placed facts of the case, but on examination, we do not find that the present case can be termed as an exceptional case for interference at initial stage of a reopening proceedings. Even if an order is passed after reopening pursuant to the notice, dated 19.03.2019, the petitioner will have a statutory remedy as provided in the IT Act. we are of the considered opinion that the prayer sought for by the petitioner in the instant writ petition cannot be acceded to and Writ Petition may not be entertained. Accordingly, the Writ Petition stands dismissed. See AUTHORIZED OFFICER, STATE BANK OF TRAVANCORE AND ANOTHER VERSUS MATHEW K.C. [2018 (2) TMI 25 - SUPREME COURT] - We are of the considered opinion that the prayer sought for by the petitioner in the instant writ petition cannot be acceded to and Writ Petition may not be entertained
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