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It is incumbent upon the assessing authority to record the reasons on record, while invoking these powers of reassessment and then only issue formal notice under Section 148 of the Act, requiring the Assessee to file fresh returns in accordance with law.

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Sec. 147 of Income Tax Act, 1961 - Reassessment - Revenue filed Writ Appeal against the order passed by the learned single Judge, quashing the notice issued by the Assessing authority under Section 148 of the Act for the Assessment Year 1997-1998. Writ Appeal of the revenue came to be dismissed holding that ”the reassessment powers were invoked by assessing officers very casually and lightly not adhereing to the legal restrictions for exercise of such powers under Section 147/148 of the Act. The Assessee, in these circumstances, when served with the repeat or second notice for the same Assessment years, was compelled to approach the Court of law and seek protection against the second reassessment Notice for the very same Assessment Year 1997- 1998. The learned single Judge in our opinion was absolutely justified in quashing the notice under Section 147 and 148 of the Act for Assessment Year 1997-1998“. - DEPUTY CIT V/s GAY TRAVELS P. LTD. - [2020] 424 ITR 376 (MAD)

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