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2020 (12) TMI 435 - AT - Income TaxReopening of assessment u/s 147 - non-deduction of TDS as mentioned in the Form no. 3CD Tax Audit Report u/sec. 44AB - Reopening after four years - HELD THAT:- Assessee has produced bills and vouchers for expenditure, prima facie, the Assessing Officer has not verified the facts of TDS/material filed on record, therefore the mistake on the part of assessing officer in the original assessment cannot be a reason for reopening of assessment. Assessment is reopened beyond the time limit prescribed under Section 149(1)(a) of the Act. We find that the assessment order u/sec. 143(3) of the Act was passed on 13-12-2010 for the Asst Year 2008-09 and whereas notice u/sec. 148 of the Act dated 21-01-2014, was issued, which is beyond the expiry of four years from the end of assessment year 2008-09 and the assessee has filed the details and disclosed fully and truly all material facts relevant to the assessment year in consideration. We considering the facts and provisions of law, observe that the assessment was reopened beyond a period of four years and cannot be sustained. Accordingly, we quash the reassessment order and allow the appeal of the assessee.
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