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2012 (3) TMI 260 - HC - Income TaxAn assessment sought to be reopened by a notice as per Section 148 - on examination of the assessee’s financial statements AO stated that the activities carried on by the assessee do not cover any public charity but are commercial activities for which the Petitioner is not entitled to an exemption under Section 10(23B) - the assessment is sought to be reopened beyond a period of four years - assessee contented that he had filed its return of income upto 2011-12 after receiving approval from the Khadi and Village Industries Commission for claiming exemption under Section 10(23B) - during the course of the assessment proceedings under Section 143(3),the Petitioner had responded to the queries of the AO by its replies - Held that :- The primary requirement, which is of a jurisdictional nature, for reopening of an assessment beyond a period of four years has not been fulfilled - no basis in the submission to the effect that there was a failure on the part of the assessee to disclose material facts fully and truly - The AO has manifestly failed to consider the grounds of objection submitted by the assessee - the reopening of the assessment is based purely on a change of opinion by the Assessing Officer and cannot be permitted in law - to allow the petition by setting aside the notice issued under Section 148
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