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2012 (7) TMI 597 - HC - Income TaxReopen the assessment u/s 147 - the petitioner has not fulfilled the conditions laid down by the amended provisions of section 80HHC - Held that:- On plain reading of the reasons recorded it is evident that there is not even a whisper to suggest that there is any failure on the part of the petitioner to disclose fully and truly all material facts - when the petitioner filed its return of income, the amended provisions of section 80HHC had not been brought on the statute book and the law requires the assessee to file returns in accordance with the existing laws, and does not and cannot expect the assessee to anticipate any future amendments made in the enactment and file its return accordingly - when the amended provisions of section 80HHC of the Act were not in existence at the relevant time when the return came to be filed, no such failure can be attributed to the assessee - in favour of assessee.
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