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2006 (9) TMI 121 - HC - Income TaxNotice u/s 148 seeking to reopen the assessment – income escaping escapement - no subsequent information has been obtained by the Department. It is clearly a case of applying a different yardstick. It is possible to say that two views are possible on a certain situation. However, the Department chose to take one view. That view was sought to be corrected but the Commissioner of Income-tax (Appeals) confirmed the view which the Assessing Officer had taken earlier. In a situation like this, to say that the view taken by the Department subsequently is the correct one and, therefore, to reopen the assessment is clearly an afterthought and something beyond the provisions of what section 147 provides. - In the facts of the present case, therefore, the reopening was not called for. The impugned notice was without jurisdiction and beyond the parameters of the provisions of section 147. - we quash and set aside the notice.
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