2022 (7) TMI 1338

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....Petitioner : Mr. Sidhartha Ray, Advocate. For IT Department : Mr. R.S. Chimanka, Sr. Standing Counsel along with Mr. A. Kedia, Jr. Standing Counsel. ORDER Dr. S. Muralidhar, CJ. 1. The challenge is the present petition is to a notice issued to the Petitioner under Section 148 of the Income Tax Act 1961(Act) dated 31 st March, 2021 and the subsequent order dated 28th January, 2022 of th....

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.... Act in a Writ Petition (Civil) No.898 of 2017 in this Court, the said writ petition was disposed of by this Court by an order dated 6th March, 2019 setting aside the aforementioned notice under Section 143(2) of the Act on the ground that it was issued by an authority i.e. the ACIT who did not have jurisdiction to do so. However, this Court did not interfere with the assessment order on the groun....

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....epartment. 7. A perusal of the reasons provided by the Department by letter dated 13th May, 2021 to the reopening of the assessment for the aforementioned AY 2014-15 reveals that, it refers to the tax audit report and the information available in the books of accounts of the Petitioner. It then proceeds to say "from the above details, it is revealed that the trust was selling medicines with hug....

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.... 320 ITR 561(SC) where it observed as under: ".....post-1st April, 1989, power to reopen is much wider. However, one needs to give a schematic interpretation to the words "reason to believe" failing which, we are afraid, section 147 would give arbitrary powers to the Assessing Officer to reopen assessments on the basis of "mere change of opinion", which cannot be per se reason to reopen. ....