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2023 (9) TMI 157 - AT - Income TaxValidity of reopening of assessment u/s 147 - reopening beyond period of four years - reasons to believe - HELD THAT:- As in the case of Hindustan Lever Ltd.[2004 (2) TMI 41 - BOMBAY HIGH COURT] wherein as held that the notice was clearly beyond the period of four years. The reasons recorded by the AO nowhere stated that there was failure on the part of the assessee to disclose fully and truly all material facts necessary for assessment for that assessment year. Hence the AO had no jurisdiction to reopen the assessment proceedings. The notice was not valid and was liable to be quashed. As the reopening is bad in law, in view of the Proviso to section 147 as the reopening is beyond 4 years from the original assessment u/s 143(3) of the Act. As, we have discussed and decided the legal issue in favour of the assessee and the re-assessment order u/s 147 r.w.s. 144 of the Act, itself has attained nullity, the grounds on merits are only academic in nature and the same are not dealt with.
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