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Issues involved: Validity of initiation of proceedings u/s 147 of the Income-tax Act.
Summary: The High Court of Punjab and Haryana upheld the order of the learned single judge regarding the initiation of proceedings u/s 147 of the Income-tax Act. The main contention was the jurisdiction of the Income-tax Officer to commence proceedings based on the available information. The single judge found a prima facie case that the Officer had sufficient information to believe that taxable income had escaped assessment. However, it was clarified that the determination of whether the Officer had the necessary material to invoke section 147 should be made during the assessment proceedings and not under Article 226 of the Constitution. The appellant was granted the liberty to raise all legal questions, including jurisdictional issues, before the assessing authorities. The Court dismissed one civil miscellaneous case as infructuous and allowed another. This judgment emphasizes the importance of following the procedural requirements and raising objections during assessment proceedings rather than challenging the initiation of proceedings through writ petitions.
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