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2010 (2) TMI 268 - HC - Income TaxReassessment- The dispute in the present case relates to the expenditure incurred by the petitioner towards advertisements and sales promotion during the course of the previous year relevant to the assessment years 2002-03 and 2003-04. For the assessment year 2002-03, on march 2009 Assessing officer issued the notice for reopen the case. In this case question of reopening of case after the expiry of 4 years has arise. Held that- the notice did not state that there had been any failure to disclose material facts of the original assessment. The ground furnished in the notice for reassessment would indicate that according to Assistant Commissioner of Income Tax, allocation of expenses between the petitioner and the foreign principle ought to have been originally considered by the Assistant Officer when the order of assessment was passed u/s 143(3). That however would not give a valid reason to reopen the assessment beyond a period of four year. The notice was not valid and was liable to be quashed.
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