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2010 (1) TMI 84 - HC - Income TaxMain challenge to the show-cause notices is on the basis of the proviso to section 147 of the Act. By that proviso, no action shall be taken under section 147 after the expiry of four years from the end of the relevant assessment year, unless any income chargeable to tax has escaped assessment for such assessment year by reason of failure on the part of the assessee to make a return under section 139 or in response to a notice issued under sub-section (1) of section 142 or section 148 or to disclose fully and truly all material facts necessary for the assessment for that assessment year - we not expressing any opinion on any of the submissions made by the assessee as well as the Revenue and we are inclined to dismiss the writ petitions on the ground that those writ petitions were filed questioning the show-cause notices Equally we are also inclined to set aside the findings in the writ petitions rendered on the merits of the case, as the assessee/appellant should have been given an opportunity to go before the authorities with all available objections pursuant to the show-cause notices.
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