2006 (7) TMI 139

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..... 48 that the income has escaped and that further action will be taken, cannot be issued. – petitioner contend that during the pendency of such proceedings the assessment could not be treated as final. - In the circumstances, we allow the petition and quash and set aside the impugned notice - - - - - Dated:- 24-7-2006 - Judge(s) : H. L. GOKHALE. JUDGMENT Rule. Rule is made returnable forthwi .....

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..... r challenge in the present petition. Mr. Sathe, learned counsel appearing for the petitioner, points out that when the proceedings filed by the Department are pending and when the order impugned in the appeal before the Tribunal is in favour of the assessee, surely, the notice under section 148 that the income has escaped and that further action will be taken, cannot be issued. Mr. Shah, learn .....

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