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2008 (9) TMI 504 - PUNJAB & HARYANA HIGH COURTReassessment- The assessee had originally filed return for the assessment year 1994-95 , declaring an income of Rs. 34,800. In September, 1998, the Assessing Officer received information from the office of the Assistant Commissioner of Income-tax, Jalandhar in the form of a letter addressed to the assessee pointing out that though the assessee had filed a declaration under the VDIS 1997 disclosing income of Rs. 2 lakhs in the form of cash for the assessment year 1994-95 and Rs. 2 lakhs for the assessment year 1995-96, he had not paid the due tax and, therefore, the said declaration was deemed not to have been filed as per the provisions of section 67(2) of the VDIS, 1997. On the basis of this information, the Assessing Officer framed a fresh assessment. Tribunal reject the appeal o the assessee on the ground that service of notice u/s 148 is proper. Held that- the declaration had been declared to be no declaration only for the purpose of the 1997 Scheme. Further the documents did not form the sole basis for the Assessing Officer to initiate reassessment proceedings but he also look into consideration the letter written by the assistant commissioner as well as the fact that no return had been filed by the assessee for the assessment year 1995-96. Thus, the Assessing Officer had rightly invoked the jurisdiction to initiate the reassessment proceedings u/s 147. Dismissed the appeal.
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