TMI Blog2019 (12) TMI 265X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Assessing Officer during the regular assessment proceedings leading to an order passed under section 143(3) of the Act. During the regular assessment proceedings in both the Assessment Years the very parties mentioned in the reasons for reopening leading to reason to believe that income chargeable to tax had escaped assessment were the subject matter of consideration while passing the or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 26 of the Constitution of India challenge two separate notices dated 27 March 2019 issued by the Assessing Officer under section 148 of the Income Tax Act, 1961 (the Act ) respectively. The impugned notices seek to reopen the assessment for the Assessment Year 2012-13 and 2013-14. 3. In both the Assessment Years the assessment is completed under section 143(3) of the Act and the im ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3(3) of the Act. Therefore, prima facie the impugned notices appear to be based on change of opinion. Besides, there being no failure on the part of the Petitioner to disclose truly and fully all material facts necessary for assessment during regular assessment proceedings, the impugned notices are hit by the proviso to section 147 of the Act. Prima facie we find that for the above reasons both th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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