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2021 (4) TMI 1098

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..... inivas ORDER Heard Ms.Durgasri, learned for Mr.V.Veeraghavan,, learned counsel for the petitioner and Mr.A.P.Srinivas, learned Senior Standing Counsel for the revenue. 2. The impugned order of assessment, passed in terms of the provisions of Section 147 read with Section 143(3) of the Income Tax Act, 1961, is dated 30.12.2019. When the matter came up for admission on 31.01.2020, I have passed t .....

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..... nce again calling upon the petitioner to file a response to notice under Section 148 of the Act. Under reply dated 28.11.2019, again filed before the Office of the Additional/Joint Commissioner of Income Tax, the petitioner reiterated the supply of reasons. 5. On 26.12.2019, reasons have been furnished and on the same day a questionnaire under Section 142(1) issued, calling upon the assessee to .....

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..... reasons for issuing notices. The assessing officer is bound to furnish reasons within a reasonable time. On receipt of reasons, the noticee is entitled to file objections to issuance of notice and the assessing officer is bound to dispose of the same by passing a speaking order. In the instant case, as the reasons have been disclosed in these proceedings, the assessing officer has to dispose of th .....

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..... rder under challenge. However, we clarify that when a notice under Section 148 of the Income tax Act is issued, the proper course of action for the noticee is to file return and if he so desires, to seek reasons for issuing notices. The assessing officer is bound to furnish reasons within a reasonable time. On receipt of reasons, the noticee is entitled to file objections to issuance of notice and .....

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