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2018 (12) TMI 1349 - HC - Income TaxValidity of reopening of assessment - notice issued beyond the period of 4 years from the end of the relevant assessment year - lack of true and full disclosure on the part of the petitioner - Held that:- From the reasons recorded by the Assessing Officer, nothing can be gathered to suggest that there was any failure on the part of the assessee to disclose truly and fully all material facts. In order to bring any element of lack of true and full disclosure, the Assessing Officer has merely referred to certain dividend which according to him the petitioner should have paid. When the petitioner's contention is that now such dividend was payable, obviously it was not the duty of the petitioner to have made any such reference in the return. Whatever the validity of the Assessing Officer's contention regarding such dividend, surely, he cannot reopen the assessment beyond the period of 4 years from the end of the relevant assessment year, without there being any element of lack of true and full disclosure on the part of the petitioner. Only on this ground, the impugned notice is set aside. - Decided in favour of assessee
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