2009 (8) TMI 1021 - KOLKATA HIGH COURT - Income Tax

Head Note / Extract:
Reopening of assessment challenged - Held that:- This court is constrained to hold that even if any income in the assessment year 1983-84 has escaped assessment, it is not on account of failure of the petitioner company to disclose facts, material for assessment, truly and fully. The assessing authority thus lacked jurisdiction to reopen assessment that had been concluded, over four years having elapsed from the end of the relevant assessment year. The writ application is thus allowed. The impugned notice and the impugned order of assessment are set aside and quashed.