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2015 (1) TMI 482 - MADRAS HIGH COURTValidity of reopening - whether there was no failure on the part of the assessee in disclosing fully and truly all material facts in the course of assessment proceedings? - Held that:- Invoking proviso to Section 147, the pre-condition is that there should be an assessment under sub-section (3) of Section 143, which is absent in the present case. As it is not disputed by the respondent that the return was filed on 31.10.01 and no order has been passed on the said assessment. Therefore, it is abundantly clear that proviso to Section 147 of the Act does not get attracted. The Tribunal, admittedly, fell in error in holding that it is a case falling under proviso to Section 147. Thus the objection raised by the Department is sustained. Appeal filed by the Revenue is allowed by way of remand.
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