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2016 (12) TMI 1196 - HC - Income TaxReopening of assessment - registration under Section 12A(a) withdrawn retrospectively with effect from 01.04.2002 - Held that:- Considering the fact that at the relevant time and during the years under consideration the registration under Section 12A(a) of the I.T. Act in favour of the petitioner – assessee was in force and in existence and accordingly the assessee claimed the deduction under Section 11 of the IT Act, which came to be granted / allowed by the Assessing Officer. Therefore it cannot be said that there was any failure on the part of the assessee in not disclosing the true and correct facts necessary for assessment. Under the circumstances, the condition precedent to assume the jurisdiction to reopen the assessment under Section 147 of the IT Act beyond the period of 4 years are not satisfied. Under the circumstances, on the aforesaid ground alone, the impugned / assessment proceedings which are beyond the period of 4 years deserve to be quashed and set aside. - Decided in favour of assessee
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