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2022 (10) TMI 356 - HC - Income TaxReopening of assessment u/s 147 - Non disclosure of reasons for reopening of assessment - Denial of natural justice - HELD THAT:- No doubt, under Section 148 notice, the minimum statement is enough, where, the detail as to how the Assessing Officer concerned has reason to believe that there has been an escaped assessment, need not be disclosed. But, in the communication giving reasons for re-opening, it should have been stated. Moreover, in the rejection order when this reason was specifically objected to, that should have been also dealt with by giving reasons as to why the objection raised by the petitioner against the limitation i.e., beyond four years up to six years has to be rejected. In the absence of any such reasons stated in the rejection order on the specific objection raised in this regard by the petitioner, this Court feel that even that rejection order may not be justifiable as it is not in the expected line within the meaning of the provisions of law as well as the decision made by the law Courts. Therefore, this Court feels that in order to rectify these violations or mistakes before proceeding further in the Section 147 proceedings, the matter can be remitted back to the respondent. This Court is inclined to dispose of this writ petition with the following order: That the impugned order is set aside and the matter is remitted back to the respondent for reconsideration. While reconsidering the same, the objection given by the petitioner shall be considered objectively by the respondent / assessing authority within the parameters as has been indicated especially in the context of first proviso to Section 147 and also the law laid down in Schwing Stetter India (P) Ltd. [2015 (6) TMI 497 - MADRAS HIGH COURT] case. After having considered the same, a reasoned order shall be passed meeting this point discussed above and any other possible ground to be raised or urged by the petitioner. Depending upon such order to be passed considering the objections and still the assessing authority believes that he has reason to proceed under Section 147, it is open to them to act accordingly.
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