9911796707
TMI Blog1996 (9) TMI 36X X X X Extracts X X X X X X X X Extracts X X X X ..... appearing for the Income-tax Department, we take up this matter for final disposal. The petitioner, a retired Development Officer of the Life Insurance Corporation of India, Bhadrak, has filed the present writ petition challenging, inter alia, the notice, vide annexure-1 to the writ petition issued under section 148 of the Income-tax Act. The points of challenge are that the Assessing Officer co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 154." In this background, the impugned notice under section 148 to reopen the matter is alleged to be wholly unwarranted and uncalled for and the petitioner in order to obtain efficacious remedy has visited the writ court, inasmuch as his grievance is that without satisfaction of the pre-conditions and for non-application of mind, the issuance of the notice in question is not permissible under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vision Bench of the Madras High Court held that the finding of the Appellate Assistant Commissioner was that there was no mistake on the part of the officer in allowing depreciation and hence there was no escapement of taxable income and this order had become final as the Department not only did not file any appeal against the said order but actually took a decision to accept it. Secondly, the fin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed under section 148. Certainly we are not going to consider the merits of the case as it is still premature. It is open to the petitioner assessee to appear pursuant to the notice under section 148 and raise all objections either on the point of limitation, if any, which is strongly opposed by Mr. Misra controverting the submission of Mr. Mohanti, or any other point including res judicata. But in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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