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2023 (6) TMI 1286 - MADHYA PRADESH HIGH COURTReopening of assessment - income of the petitioner HUF be not made subject matter of re-assessment - petitioner while taking exception to the impugned notice and order inter alia submits that subsequent to allotment of new PAN Card in the year 2016 it has all along been filing returns of the income for the succeeding assessment years including 2016-17 with new PAN Card number and amount allegedly deposited in the bank maintained by the petitioner has been well reflected in the return filed for the assessment year 2016-17 and assessed HELD THAT:- There is no jurisdictional error on the part of the Assessing Officer while he passed the impugned order under clause (d) of Section 148A. Nevertheless, it is apposite to observe that the order passed under clause (d) of Section 148A is not the substitute of the order of assessment if any to be passed by the AO during the course of the re-assessment proceedings. AO is statutorily obliged to look into the entire material placed before him before he reaches the conclusion that the income found has escaped assessment warranting re-assessment and tax thereupon. Consequently, we though decline to interfere but direct the Assessing Officer to extend liberty to the petitioner to file complete documents with reference to and in context of the amount found deposited in the bank account of the petitioner mentioned above and such other documents as he may be advised to file. The Assessing Officer is hereby directed to process reassessment with due advertence to the record placed before him, pursuant to the notice under Sec.148.
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