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2018 (3) TMI 153 - HC - Income TaxReopening of assessment - reason recorded for reopening the assessment under section 147 itself does not survive - Held that:- It is not in dispute that the issue involved in this case is squarely covered by the jurisdictional High Court judgment in Govindaraju [2015 (8) TMI 271 - KARNATAKA HIGH COURT] as held if notice has no sufficient reason or is invalid, no proceedings can be initiated. But the same can be checked at the initial stage by challenging the notice. If the notice is challenged and found to be valid, or where the notice is not at all challenged, then in either case it cannot be said that notice is invalid. As such, if the notice is valid, then the foundation remains and the proceedings on the basis of such notice can go on. We may only reiterate here that once the proceedings have been initiated on a valid notice, it becomes the duty of the Assessing Officer to levy tax on the entire income (including ‘any other income’) which may have escaped assessment and comes to his notice during the course of the proceedings initiated under section 147 of the Act - Decided in favour of revenue
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