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TMI Blog2025 (5) TMI 713X X X X Extracts X X X X X X X X Extracts X X X X ..... JUSTICE MANEESH SHARMA For the Appellant : Mr. Mahendra Gargieya, Adv. with Mr. Devang Gargieya, Adv. For the Respondent(s) : Mr. Siddharth Bapna, Adv. with Mr. Sarvesh Jain, Adv. Mr. Meyhul Mittal, Adv. & Mr. Rahul Kumar, Adv. ORDER AVNEESH JHINGAN, J ORAL 1. This writ petition is filed seeking quashing of notice dated 15.03.2018 issued under Section 148 of the Income Tax A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... zed under Section 143 (3) can be done before expiry of four years from the end of the relevant assessment year. It is argued that it is a case of change of opinion as the entire material was before the assessing authority while framing the assessment under Section 143(3) of the Act. Contention is that on the basis of directions received from the authorities the proceedings for reassessment were in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is existed at the relevant time is reproduced below:- "Provided that where an assessment under sub-section (3) of section 143 or this section has been made for the relevant assessment year, no action shall be taken under this section after the expiry of four years from the end of the relevant assessment year, unless any income chargeable to tax has escaped assessment for such assessment year by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rrel with the proposition that as per the proviso the reassessment proceedings in case of assessment having been finalized under Section 143(3) of the Act cannot be initiated after expiry of four years from the end of the relevant assessment year. But this limitation prescribed is subject to exception in cases where the income chargeable to tax has escaped assessment for failure on part of the ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... exemption to the petitioner from the provisions of Section 115JB(2)(ii) of the Act relating to MAT the petitioner availed deduction of "Profit of Sick Industrial Company till net worth is equal to or exceeds accumulated losses" to the tune of Rs.1,64,51,540/- in the assessment year 2011-12. 9. The contention raised that the notice was time barred is based upon the factual aspect and involves a mi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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