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2018 (2) TMI 441

Head Note:
Reopening of assessment - validity of notice issues - eligible reasons to believe - Addition u/s 40A - Held that:- The first condition is not attracted inasmuch as there is no allegation that the petitioner has failed to file a return, as contemplated in the proviso. Insofar as the second condition is concerned, on a perusal of the reasons recorded, it is evident that there is not even a whisper therein as regards any failure on the part of the petitioner to disclose truly and fully all material facts necessary for the assessment nor can any such failure be culled out upon considering the reasons in their entirety. Under the circumstances, the assumption of jurisdiction on the part of the Assessing Officer under section 147 of the Act after a period of four years from the end of the relevant assessment year is without any authority of law.

Assessment is sought to be reopened on the ground that various expenses were paid, out of which, payment was made in cash to eight persons which was required to be disallowed under section 40A(3) of the Act. A perusal of the documents annexed along with the petition reveals that at the time of the scrutiny assessment proceedings under section 143(3) of the Act, the Assessing Officer had called for details of the expenses incurred by the petitioner, who had duly submitted the same. The statements submitted by the petitioner clearly revealed the payments made in cash to different parties in detail. Evidently, therefore, at the time of the regular assessment, the Assessing Officer had gone into the issue and had not thought it fit to make any disallowance under section 40A(3) of the Act. Therefore, the reopening is based upon a mere change of opinion, which also renders the impugned notice unsustainable. - Decided in favour of assessee.

 

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