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2015 (7) TMI 920 - HC - Income TaxValidity of reopening of assessment - Held that:- Firstly, there is no failure to make full and true disclosure of necessary facts which is the jurisdictional requirement for initiating reopening proceedings after period of four years as per the proviso to Section 147. Secondly, the reasons do not show that there was any failure to disclose. Mr. Malhotra, on behalf of the respondent-revenue contended that the Petitioner filed a return before a wrong authority and, therefore, that earlier return was not a return in the eyes of law. This is not the reason stated by the Assessing Officer and, therefore, it cannot be permitted to be taken at this stage. It is a settled position as held by this Court in Hindustan Lever Ltd. v/s R.B. Wadkar [2004 (2) TMI 41 - BOMBAY High Court ], that the reopening notice stands or falls by the reasons recorded at the time of reopening notice is issued. It is not permissible to add further reasons to those recorded while issuing of the reopening notice. - Decided in favour of assessee.
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