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2012 (12) TMI 333 - AT - Income TaxValidity of reassessment u/s 147 - Disallowance u/s 40(a)(ia) – Non-deduction of TDS on payment made to Non-resident - Disallowance was made in a reassessment done when the original assessment was completed u/s 143(3) – Held that:- As all the details relating to TDS on payments made to non-residents, were duly disclosed by the assessee at the time of original assessment. This has not been rebutted by the Revenue. Reopening for a reason that assessee had not deducted tax at source, was not warranted. Especially so, since four years had lapsed from the end of the impugned assessment year, when the re-assessment proceedings were initiated. First proviso to Section 147 of the Act clearly applied and Revenue was unable to show any failure on the part of the assessee to disclose materials or particulars relevant to impugned assessment year. Appeal decides in favour of assessee
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