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    <title>2018 (2) TMI 877 - MADRAS HIGH COURT</title>
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    <description>Writ jurisdiction was held maintainable despite statutory appeal remedies because the challenge went to reassessment proceedings said to be without jurisdiction and contrary to settled reopening procedure. Reassessment under sections 147 and 148 must rest on a bona fide reason to believe that income has escaped assessment, and objections must be disposed of by a speaking order. As the recorded reasons merely revisited an issue already decided in the assessee&#039;s favour by the Tribunal for the same years, the reopening was treated as a change of opinion and procedurally defective. The HC therefore quashed the reopening and assessment orders as unsustainable in law.</description>
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    <pubDate>Thu, 18 Jan 2018 00:00:00 +0530</pubDate>
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      <title>2018 (2) TMI 877 - MADRAS HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=355456</link>
      <description>Writ jurisdiction was held maintainable despite statutory appeal remedies because the challenge went to reassessment proceedings said to be without jurisdiction and contrary to settled reopening procedure. Reassessment under sections 147 and 148 must rest on a bona fide reason to believe that income has escaped assessment, and objections must be disposed of by a speaking order. As the recorded reasons merely revisited an issue already decided in the assessee&#039;s favour by the Tribunal for the same years, the reopening was treated as a change of opinion and procedurally defective. The HC therefore quashed the reopening and assessment orders as unsustainable in law.</description>
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