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2021 (2) TMI 217 - AT - Income TaxReopening of the assessment u/s 147 - Reopening beyond the period of four years from the end of the assessment year - excess claim of deduction u/s.80JJAA - HELD THAT:- In a case where assessment was reopened after 4 years, for invoking proper jurisdiction, the AO has to record the reason to believe that any income chargeable to tax had escaped by reason of the failure on the part of the assessee to disclose fully and truly all material facts necessary for assessment. In this case, on perusal of reasons recorded for reopening of assessment, we find that there is no allegation by the AO on failure on the part of the assessee to disclose fully and truly all material facts necessary for assessment. Therefore, we are of the considered view that reopening of assessment is not based on sound footing and hence the impugned assessment order framed u/s.143(3) r.w.s. 147 of the Act, is illegal and liable to be quashed. Further, the issue is fully covered in favour of the assessee by the decision of ITAT, Chennai Benches in assessee’s own case for assessment year 2008-09 where the Tribunal after considering relevant facts had held that reopening of assessment without satisfying second condition is invalid and liable to be quashed. Thus we quash notice issued u/s.148 of the Act and consequent assessment framed u/s.143(3) r.w.s.147 - Decided in favour of assessee.
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