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2020 (9) TMI 1133 - HC - Income TaxValidity of reopening of assessment - reassessment initiated after four years - whether no fresh material on record for such reassessment proceedings? - addition 40(a)(ia) as non deduction of TDS on Machine Hire Charges - HELD THAT:- In our opinion, even if the relevant facts are not placed before the Auditors by the Assessee himself, they may qualify their Audit Report under Section 44AB - If the Auditor's Report does not specifically disclose any relevant facts, or if there is any omission or non-disclosure, it has to be attributed to the Assessee only rather than to the Auditor. There are no facts placed before us like this that the Assessee had disclosed the relevant facts, but, still the Auditor failed to disclose the same in his Audit Report. Even if anything is not highlighted in the Audit Report, the Assessee has shown that this aspect viz., non-deduction of TDS on the Machine Hire Charges attracting Section 194-I of the Act was very much discussed by the Assessing Authority during the original Assessment proceedings. There was really a disclosure of full and complete facts by the Assessee before the Assessing Authority during the course of Original Assessment Proceedings itself under Section 143(3) - Thus on mere change of opinion, the Assessing Authority could not have invoked the reassessment proceedings under Section 147/148 - Decided in favour of assessee.
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