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2021 (4) TMI 26 - MADRAS HIGH COURTReopening of assessment u/s 147 - notice beyond the period of four years - allowability of legal and professional expenses - whether re-opening is made only on change of opinion? - HELD THAT:- As per proviso to Section 148, it is clear that in the case of re-opening made beyond four years from the end of the relevant assessment year, it can only be resorted to in case of failure on the part of the assessee in disclosing, fully and truly, all material facts necessary for the assessment. However, this failure was not pointed out in the assessment order by the Assessing Officer. Therefore, it is clear that it can only be change of opinion on the part of the Assessing Officer with regard to the legal and professional expenses, which is against the provisions of proviso to Section 148. The Tribunal has rightly dismissed the appeal filed by the Revenue. The findings of the Income Tax Appellate Tribunal is proper. We do not find any ground much less any substantial question of law to interfere with the order passed by the Tribunal. The appeal is liable to be dismissed.
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