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2015 (2) TMI 765 - HC - Income TaxReopening of assessment - Whether the bar of four years provided by first proviso of section 147 can be made applicable to the facts of the present case or not? - Held that:- No reason to believe that true and full disclosure was not made by the assessee to come out from the bar of four years as provided by first proviso to section 147 of the Act. Once the bar operates upon the power by express statutory provision, the action can be said as without jurisdiction. If the action of issuance of notice is without jurisdiction, it would be a case for interference under Article 226 of the Constitution. Thus the impugned action under section 147 and consequently issuance of notice under section 148 (Annexure-E) including disposal of the objection dated 10.10.2014 (AnnexureI) may not stand in the eye of law. Hence, they are quashed and set aside. - Decided in favour of assessee.
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