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2009 (3) TMI 512 - HC - Income TaxReassessment- The case of the petitioner is that the impugned notice under section 148 of the Act has been issued beyond the statutory period of four years as provided in section 147 of the Act and hence under the proviso thereto the burden is on the Revenue to show that the petitioner has either failed to furnish return of income, or comply with the statutory notice referred to in the provisions, or failed to disclose fully and truly all material facts relevant for the assessment of the assessment year in question. Held that- as the notice issued on the ground that the lease rent of paid by the for gas cylinders during the relevant accounting period had wrongly been claimed thus the action of the Assessing officer in issuing the notice under section 148 of the Act was nothing but a change of opinion on the same set of facts. the notice of reassessment was not valid and was liable to be quashed.
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