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2022 (12) TMI 459 - BOMBAY HIGH COURTReopening of assessment u/s 147 - reasons to believe - reopening after four years - HELD THAT:- In Titanor Components Ltd. [2011 (6) TMI 138 - BOMBAY HIGH COURT] the Division Bench of this Court pointed out that there is a notable difference between a wrong claim by an Assessee after disclosing the true and material facts and the wrong claim made by the Assessee by withholding material facts fully and truly. Only in the latter case would the AO be entitled to re-open the assessment after four years. As contended that since only the issue of the year of taxability/deductibility was involved and the tax rate was the same or lower, the Revenue ought not to agitate such an issue and that too by seeking to re-open the assessment after four years. He relied upon several decisions in support of this contention - As in our judgment, this issue need not be decided because the impugned notice will have to be set aside for the other reasons discussed above. For all such reasons, we are satisfied that the impugned notice is liable to be quashed and set aside. The rule is accordingly made absolute without costs in terms of prayer which read as Hon'ble Court may be pleased to issue a Writ of Certiorari or a writ in the nature of Certiorari or any other appropriate writ, Order or direction under Article 226 of the Constitution of India calling for the records of the Petitioner's case, and after examining the legality and validity thereof, quash and set aside the notice dated 29th March 2019 (EXHIBIT A) issued by the Respondent No. 1 u/s 148 of the Act, seeking to re-open the assessment for the Assessment Year 2012-13; and the Order rejecting objections (EXHIBIT AAN) dated 2nd November 2019. Hon'ble Court may be pleased to issue a Writ of Mandamus or a writ in the nature of Mandamus or any other appropriate writ, Order or direction under Article 226 of the Constitution of India ordering and directing the Respondents to forthwith withdraw and cancel the notice issued by the Respondent No. 1 under section 148.
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