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2023 (2) TMI 717 - BOMBAY HIGH COURTReopening of assessment u/s 147 - Reasons to believe - HELD THAT:- From a reading of the reasons recorded although it has been mentioned that income chargeable to take had escaped assessment on account of failure on the part of the assessee to disclose fully and truly material facts, yet juxtaposed with the later part of the reasons, which states that no scrutiny assessment had been made and that the only requirement was to initiate proceedings under Section 147 on the basis of ‘reason to believe’ goes to prove that the assessing officer had reopened the assessment only on the basis of ‘reason to believe’ and not failure to disclose material facts fully and truly, on which too the assessing officer ought to have been satisfied as matter pertained to reopening beyond the period of four years. In our opinion, the manner in which the assessing officer proceeded reflects total non-application of mind, which neither satisfies the jurisdictional condition, which was required to be followed in terms of Section 147 nor does it in the least satisfy the conditions prescribed in the case of Hindustan Lever Ltd. [2004 (2) TMI 41 - BOMBAY HIGH COURT] as the assessing officer had failed to highlight in the reasons recorded as to which was that material fact, which was not disclosed by the assessee in its return. Thus in our opinion, notice under Section 148 are held to be unsustainable and are accordingly quashed - Decided in favour of assessee.
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