2011 (3) TMI 1497

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....ani J.- By this petition under article 226 of the Constitution of India, the petitioner has challenged the notice dated March 30, 2000, issued by the respondent under section 148 of the Income-tax Act, 1961 ("the Act") reopening the assessment of the petitioner for the assessment year 1989-90. The petitioner filed its return for the assessment year 1989-90, declaring income of Rs. 4,90,211. Asse....

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....behalf of the petitioner, invited attention to the fact that the original assessment for the assessment year 1989-90, was framed under section 143(3) of the Act and that the same is sought to be reopened beyond a period of four years, from the end of the said assessment year, to submit that when an assessment is framed under section 143(3) of the Act, the same can be reopened beyond a period of fo....

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....cordingly submitted that in the aforesaid premises the assumption of jurisdiction under section 147 of the Act by issuing notice under section 148 of the Act, is without jurisdiction. On the other hand, Mr. M. R. Bhatt, learned senior advocate appearing on behalf of the respondent, placed reliance upon the averments made in the affidavit dated March 16, 2001, made by the respondent. As noted ear....

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....even a whisper to the effect that income has escaped assessment on account of any failure on the part of the petitioner to disclose fully and truly all material facts necessary for its assessment. Even in the affidavit-in-reply filed by the respondent, there is no allegation of any such failure on the part of the petitioner. In the circumstances, it is apparent that the requirements of the proviso....