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2018 (7) TMI 59 - AT - Income TaxReopening of assessment - proceedings initiated after a period of 4 years - Held that:- In the instant case the assessment was completed u/s 143(3) on 24.12.2011 and there is no allegation of any failure on the part of the assessee to disclose fully and truly all material facts necessary for completion of the assessment for which income has escaped assessment. Therefore, the proviso to section 147 is clearly applicable to the facts of the present case. CIT(A) has not addressed the case of the assessee from this angle, therefore, his finding on the issue of validity of reassessment proceedings is incorrect and not in accordance with law. We, therefore, hold that the reassessment proceedings initiated after a period of 4 years from the end of the relevant assessment year where the original assessment was completed u/s 143(3) is barred by limitation and, therefore, void ab-initio. Such reassessment proceedings initiated by the Assessing Officer is bad in law and void ab-initio. Accordingly, the same is quashed - Decided in favour of assessee.
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