Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2011 (3) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2011 (3) TMI 1390 - HC - Income TaxReopening of assessment - notice has been issued after the expiry of a period of four years from the end of the relevant assessment year - according to the Assessing Officer the petitioner was not entitled to deduction under section 80IA on income which was not derived from industrial undertaking. - doctrine of merger - held that:- it is apparent that the assessment order in respect of the items for which assessment is sought to be reopened has merged with the order of Tribunal and as such has no independent existence and therefore the assessment could not be reopened in respect of the said items. - it is an admitted position that the impugned notice has been issued after the expiry of a period of four years from the end of the relevant assessment year. A perusal of the reasons recorded shows that all that has been stated therein, is that income has escaped assessment due to failure on the part of the assessee to disclose fully and truly all material facts necessary for its assessment. However, there is nothing to indicate as to what is the nature of the failure on the part of the petitioner. - Decided in favor of assessee.
|