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2023 (3) TMI 366 - HC - Income TaxReopening of assessment u/s 147 - condition specified u/s 149(1)(b) - income alleged to have escaped assessment should be Rs.50,00,000/- or more - HELD THAT:- This Court is of the view that the reopening in the present case is in violation of CBDT Instruction No.01/2022 dated 11th May, 2022, wherein it has been clearly stated that notices in the cases pertaining to assessment years 2013-14, 2014-15 and 2015-16 cannot be issued, if the condition specified u/s 149(1)(b) is not fulfilled namely that income alleged to have escaped assessment should be Rs.50,00,000/- or more. Consequently, as the impugned order under Section 148A(d) of the Act has been passed contrary to the CBDT Instruction No.1/2022, the same is quashed. (See Simplex Castings Ltd. v. Commissioner of Customs [Vishakapatnam], [2003 (4) TMI 107 - SUPREME COURT]: Commissioner of Customs v. Indian Oil Corporation Ltd[2004 (2) TMI 66 - SUPREME COURT]: Collector of Central Excise, Vadodara vs. Dhiren Chemical Industries [2002 (2) TMI 115 - SC ORDER] AND Catholic Syrian Bank Ltd. vs. [2012 (2) TMI 262 - SUPREME COURT] - WP allowed.
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