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2007 (7) TMI 206 - HC - Income Tax

Issues involved:
Petitioner aggrieved by notice u/s 148 of Income-tax Act, 1961 and order rejecting objections.

Judgment Details:
The petitioner challenged a notice dated March 10, 2006, u/s 148 of the Income-tax Act, 1961, and an order dated November 29, 2006, rejecting their objections. The notice was issued based on the judgment of the Rajasthan High Court regarding the nature of expenses incurred by the assessee. The Assessing Officer initially sought to distinguish the judgment but later rejected the objections without providing reasons for the change in view. The High Court found this to be a total non-application of mind on the part of the Assessing Officer. Consequently, the communication dated November 29, 2006, was set aside, and the matter was remanded back for reconsideration. Any adverse order against the petitioner was stayed for eight weeks from the date of communication. The rule was made absolute with no order as to costs.

 

 

 

 

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