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2023 (8) TMI 1176 - AT - Income TaxReopening of assessment u/s 147 - foreign travel expenses - reopening beyond period of 4 years - HELD THAT:- We observe from the record that the original assessment u/s. 143(3) was completed on 22.11.2011 and we also observed that assessee has filed all the relevant information before the then AO. It is also fact on record that the issue involved is relating to AY 2009-10 and the notice was issued for reopening of assessment only on 28.03.2016. As clearly reopened beyond four years and we also observed that CIT(A) has dismissed the ground of the assessee filed before him with the observation that the case of the assessee is covered by the main provision and not proviso. The observation of the CIT(A) is against the fact on record and we observe that the issue involved in the present case is falls under the first proviso to section 147. Therefore, as per the proviso to section 147 two conditions are required to be satisfied firstly, the Assessing Officer must have reason to believe that income chargeable to income tax has escaped assessment and secondly he must also have reason to believe that such escapement has occurred by reason of omission or failure on the part of the assessee to disclose fully or truly all material facts necessary for his assessment of that assessment year. Since in the present case proviso to section 147 is applicable, AO has to bring on record both the above said conditions on record. Since the AO has not brought on record how the escapement of income has occurred by reason of omission or failure on the part of the assessee to disclose fully or truly all material facts necessary of the assessment, therefore the reopening of assessment is bad in law. The assessment passed u/s.143(3) r.w.s. 147 is bad in law and it is quashed. Decided in favour of assessee.
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