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2011 (3) TMI 1391 - HC - Income TaxRe-opening of assessment - notice after expiry of 4 years - held that:- condition precedent for invoking the proviso to section 147 of the Act, viz., failure on the part of the assessee to disclose fully and truly all material facts necessary for its assessment for the assessment year under consideration, is clearly not satisfied. In the circumstances, the assumption of jurisdiction under section 147 of the Act, is not valid and as such, the impugned notice under section 148 of the Act, cannot be sustained - income stated to have escaped assessment under the second ground is concerned, the same having been subject matter of appeal would not fall within the ambit of section 147 of the Act and as such the Assessing Officer lacks jurisdiction to reopen the assessment on the said ground - petition succeeds and is accordingly allowed
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