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2023 (1) TMI 726 - HC - Income TaxReopening of assessment u/s 147 - second notices under Section 148 of the Income Tax Act, 1961, relating to the same assessment years instead of completing the assessment on returns filed in response to the first notices under Section 148 - whether a second notice u/s 148 issued by the assessing officer after the expiry of one year as per Section 153(6)(i) is valid without disposing the return filed to the first notice issued under Section 148 of the Income Tax Act for the very same assessment year - HELD THAT:- Relevant provision of law under Section 153(6)(i) of the Income Tax Act, 1961, and the judgment of the Division Bench of this Court in the case of INDIAN TUBE CO. LIMITED. VERSUS INCOME-TAX OFFICER. [2004 (6) TMI 18 - CALCUTTA HIGH COURT] respondent assessing officer concerned was not justified in law in issuing impugned second notices u/s148 relating to the same assessment years instead of completing the assessment on returns filed in response to the first notices under Section 148 of the Act after disposing the objection filed by the petitioner by passing a reasoned and speaking order as per earlier order/direction of this Court in earlier writ petition remanding the matter back to the assessing officer. Action of the assessing officer allowing the expiry of period of limitation of one year to complete the assessment as per Section 153(6)(i) from the date of order of this Court in earlier writ petition on the first notices under Section 148 of the Act relating to same assessment year and issuing second notice in respect of the very same assessment year is not legal and valid. In view of the reasonings and discussion made above the impugned second notices under Section 148 of the Income Tax Act, 1961, relating to assessment years 2012-13 and 2013-14 and all subsequent proceedings are quashed.
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