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2010 (5) TMI 570 - HC - Income TaxReassessment - Claim of the deduction u/s 80HHC - Assessment after a period of four years from the end of the relevant assessment year - Merely making a claim cannot be stated to be non-disclosure of material facts so as to vest in the Assessing Officer jurisdiction u/s 147 of the Act - Besides, as already noted hereinabove, the respondent seeks to reopen the assessment after a period of four years from the end of the relevant assessment year - In the reasons recorded, there is nothing to indicate that the assessee has failed to disclose fully and truly all material facts necessary for its assessment for the year under consideration - Hence, the ingredients of the proviso to section 147 of the Act are clearly not satisfied - In the circumstances, there is no justification for assumption of jurisdiction by the respondent-Assessing Officer for reopening the proceedings u/s 147 of the Act - the petition succeeds and is accordingly decided in favour of assessee.
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