Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2019 (12) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (12) TMI 265 - HC - Income TaxReopening of assessment u/s 147 - HELD THAT:- We find that the reasons in support of the impugned notices which are identical (save difference in figures and addition of one more party in the subsequent Assessment Year 2012-13), were a subject matter of consideration by the Assessing Officer during the regular assessment proceedings leading to an order passed under section 143(3) of the Act. During the regular assessment proceedings in both the Assessment Years the very parties mentioned in the reasons for reopening leading to reason to believe that income chargeable to tax had escaped assessment were the subject matter of consideration while passing the order under section 143(3) of the Act. Therefore, prima facie the impugned notices appear to be based on change of opinion. Besides, there being no failure on the part of the Petitioner to disclose truly and fully all material facts necessary for assessment during regular assessment proceedings, the impugned notices are hit by the proviso to section 147
|