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2013 (7) TMI 847 - HC - Income TaxReopening of assessment u/s 147 - issuance of notice beyond 4 years - Held that:- the original assessment came to be framed u/s 143(3) the assessment is sought to be reopened after the expiry of a period of four years from the end of the relevant assessment year - hence the proviso to section 147 of the Act would clearly be attracted - for the purpose of assumption of valid jurisdiction on the part of the AO he should have reason to believe that income chargeable to tax has escaped assessment by reason of failure on the part of the petitioner to disclose fully and truly all material facts necessary for his assessment – merely because the AO has sought to reopen the assessment finds the proof submitted by the assessee at the time of assessment proceedings to be not sufficient for the purpose of admitting the claim - it cannot be said that there was any failure on the part of the assessee so as to invoke the provisions of section 147- the notice u/s 148 cannot be sustained – appeal decided in favour of assessee
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