Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2011 (11) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2011 (11) TMI 137 - BOMBAY HIGH COURTValidity of reopening of the assessment- beyond the period of four years of the end of the relevant A.Y.-Income escaping assessment- Held that:- Where the re-opening is beyond four years, the escapement of income is not sufficient in itself to validate the reopening. The jurisdictional requirement where an assessment is opened beyond four years is a failure to disclose all material facts necessary for the assessment. Unless that condition is fulfilled, the re-opening cannot be sustained. In present case, all material facts were within the knowledge of the Assessing Officer and were placed on the record by the assessee. Thereby, notice u/s 148 is set aside. Decided in favor of the assessee.
|