Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2019 (6) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (6) TMI 528 - AT - Income TaxReopening of assessment u/s 147 - issuance of notice u/s 148 after expiry of four years from the end of relevant assessment year - period of limitation - HELD THAT:- We find that in the instant case reopening of assessment has been made after expiry of four years from the end of relevant assessment year after passing original assessment order u/s 143(3) on 31.10.2010. Proviso to section 147 states that where an assessment is made u/s 143(3), no action shall be taken under this section after the expiry of four years from the end of the relevant assessment year, unless any income chargeable to tax has escaped assessment for such assessment year by reason of the failure on the part of the assessee to disclose fully and truly all material facts necessary for his assessment for that assessment year. A bare perusal of the above recorded reasons shows that there is no whisper in the reasons recorded by the Assessing Officer that there was failure on the part of the assessee to disclose fully and truly all material facts necessary for his assessment for that assessment year. Therefore, reopening of assessment by issuance of notice u/s 148(2) on 27/3/2015 is bad in law and consequently the order passed in pursuance to such notice is also bad in law. - Decided in favour of assessee.
|