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2019 (4) TMI 1038 - HC - Income TaxReopening of assessment - validity of the notice of reopening issued beyond the period of four years from the end of relevant assessment year - validity of reasons to believe - undisclosed cash on hand - addition as per seized documents as found during the search - HELD THAT:- Once the Department i.e. the Assessing Officer had certain information, material, or document before him during the assessment proceeding, irrespective of the source of such information, material, or document, the Assessee cannot be blamed for nondisclosure thereof. once the Department i.e. the Assessing Officer had certain information, material, or document before him during the assessment proceeding, irrespective of the source of such information, material, or document, the Assessee cannot be blamed for nondisclosure thereof. As production before the Assessing Officer of account books or other evidence from which material evidence could with due diligence have been discovered by the Assessing Officer will not necessarily amount to disclosure within the meaning of the first proviso to Section 147. Here is not a case where the Assessee is seeking to rely on a disclosure which the Revenue can seek to bring within the fold of the said Explanation. Here is a case where the Department already had collected certain documents and materials which were before the Assessing Officer at the time of framing assessment. If the Assessing Officer did not, for some reason, advert to such material or did not utilize the same, he surely cannot allege that the Assessee failed to disclose truly and fully all material facts. In view of the above discussion, the impugned notice is set aside. - Decided in favour of assessee
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