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2021 (11) TMI 537 - BOMBAY HIGH COURTReopening of assessment u/s 147 - validity of reason to believe - information has been received from the office of the Deputy Commissioner of Income Tax, TDS -2 (1) regarding applicability of Section 40 (a) (ia) for non deduction of TDS on amount paid to stockists for Assessment Year 2012-2013 - HELD THAT:- As on the basis of the said information, an order under Section 201 (1)/201 (1A) of the said Act has been passed on 26th March 2014 by the Deputy Commissioner of Income Tax, TDS – 2 (1), Mumbai, deeming petitioner in default within the provisions of Section 201 for not deducting TDS under Section 194H. This itself cannot be accepted because he says on the basis of information dated 27th March 2017 an order has been passed on 26th March 2014. Moreover, this order has been discussed when the original assessment proceedings were held and as noted earlier, during the course of hearing a query was raised by the Assessing Officer and petitioner has given detailed explanation vide its letter dated 30th March 2016. Therefore, there is nothing on record to even indicate that there was any tangible material for reopening the assessment. In the case at hand, the assessment is sought to be reopened after the expiry of a period of four years from the end of relevant year and hence, the proviso to Section 147 applies which stipulates a requirement that there is an escapement of income by reasons of either omission or failure on the part of the assessee to disclose fully or truly all material facts necessary for assessment of that year. This condition required for reopening has not been satisfied. - Decided in favour of assessee.
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