2016 (3) TMI 1281 - HC - Income Tax

Reopening of assessment - non stating any failure on the part of the assessee to disclose complete and full facts/concealment of facts - existence of P.E. - Held that - We find that the reasons to believe for re-opening the assessment proceedings for the Assessment Year 2006- 2007 2015 (4) TMI 845 - ALLAHABAD HIGH COURT is the same as given in the present impugned notice for the Assessment Year 2008-2009 wherein held no fault can be found as the assessee had failed to disclosed fully and truly the complete facts in respect of L.G. Electronics Korea having a P.E. In India to which payments have been made. There is a nexus between the reasons recorded and the belief that income had escaped assessment because of fully and truly information having not been furnished by the assessee. Since a finality has already been made by this Court in the case of the petitioner we do not find any reason to entertain the writ petition and dismiss the same - Decided against assessee.

Summary

The High Court of Allahabad dismissed a writ petition challenging a reassessment notice for the Assessment Year 2008-2009, citing a previous judgment in a similar case for the Assessment Year 2006-2007. The court found no reason to entertain the petition based on the earlier decision. The writ petition was dismissed accordingly.