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2022 (8) TMI 1192 - HC - Income TaxValidity of Reopening of assessment u/s 147 - assessment is reopened after 4 years but within 6 years under the provisions of Section 143(3) - deduction u/s 35(1)(iv) disallowed - HELD THAT:- Assessment is not reopened on the allegation that there is no true and full disclosure by the assessee. In fact, it is not the case of the respondent-authority at all. Their case is that the claim of deduction under Section 35(1)(iv) of the Income Tax Act as claimed by the petitioner was wrongly granted. The revenue is not in a position to dispute the aforementioned facts. In the instant case, for the aforementioned reasons, the reopening of assessment for the assessment years 2011-12 and 2012-13 and authorities assuming jurisdiction for the same has to be held invalid. Under the given facts and circumstances of the case, the writ petition deserves to be allowed on this preliminary ground itself. There is no necessity to examine the other contentions raised by petitioner. Thus issued under Section 148(1) is set aside. - Decided in favour of assessee.
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