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1985 (7) TMI 58

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..... 18,1984, issued by the respondent No. 1 under section 148 of the Income-tax Act, 1961 (hereinafter referred to as " the Act "). The notices were issued in respect of the assessment years 1975-76 to 1979-80. They are in identical terms and merely recite that respondent No. 1 has reason to believe that income chargeable to tax for the relevant assessment year has escaped assessment within the meani .....

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..... was sent by the respondent No. 1 on February 25, 1984, stating that it was not possible to give reasons for the issue of the notice at that stage. This reply on the part of the respondent No. 1 has given rise to the filing of the present petition. The respondents have not filed any return to disclose what reasons prompted them to issue the notices and as to whether the assessment would be reopen .....

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..... ed in a private company, but the interest secured from the deposit was not disclosed. Even assuming that this reason has prompted respondent No. 1 to issue the notices, still it must be concluded that this was a wholly unsustainable reason to exercise power under section 148 of the Act. Mr. Deodhar conceded that the minor son of the petitioner, Jatin S. Patel, is also an assessee and his assessmen .....

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