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2014 (7) TMI 593 - AT - Income TaxNotice u/s 148 of the Act – Reason to believe - Recalculation of deduction u/s 80HHC of the Act – Held that:- Where an assessment was already completed u/s 143(3) such assessment cannot be reopened after the expiry of four years from the end of the relevant assessment year - since assessment was completed u/s 143(3) on 31.3.2006 it cannot be reopened after four years from the end of the AY i.e., the assessment cannot be reopened beyond 31.3.2008 unless any income chargeable to tax has escaped assessment for such assessment year by reason of the failure on the part of the assessee in disclosing fully and truly all material facts necessary for completion of assessment for that AY - notice u/s 148 was issued to recompute the disallowance of deduction allowed u/s 80HHC based on the information already available on record which is not permissible in law since there is no failure on the part of the assessee in disclosing fully and truly all material facts necessary for completion of assessment and, therefore, issue of notice u/s. 148 is bad in law – Relying upon CIT vs. Purolator India Ltd. [2011 (11) TMI 365 - DELHI HIGH COURT] followed - the return of income and the material placed on the record by the assessee together with the return would make it abundantly clear that the assessee had set forth the basis of its claim and there was no suppression of material facts - the fundamental condition for reopening the assessment beyond a period of four years has not been fulfilled – Decided against Revenue.
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