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2013 (11) TMI 70 - HC - Income TaxReasons for re-opening of assessment u/s 147 of the Income tax act, after the gap of four years – Expense claimed by the assessee is not truthful – Held that:- One of the purposes of section 147, appears to us to be, to ensure that a party cannot get away by wilfully making a false or untrue statement at the time of original assessment and when that falsity comes to notice, to turn around and say 'you accepted my lie, now your hands are tied and you can do nothing'. It would be travesty of justice to allow the assessee that latitude - Decision in Dalmia Pvt. Ltd [2011 (9) TMI 146 - DELHI HIGH COURT] is clearly distinguishable as that was a case where the assessee had not furnished the details despite a request having been made by the Assessing Officer. It is in that context that the court observed that if there was no disclosure and details were not furnished, there cannot be full and true disclosure. In the present case, the situation is just the opposite. The information sought by the Assessing Officer had been supplied and furnished by the petitioner and it has already been held on facts that there was a full and true disclosure on the part of the petitioner. Therefore, the said decision in Dalmia Pvt. Ltd. (supra) would also not come to the aid of the respondents – Decided in favor of Assessee.
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