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2022 (4) TMI 381 - AT - Income TaxReopening of assessment u/s 147 - reopening has been done beyond four years - Addition of Income to Income from House Property made by the Learned Assessing Officer - HELD THAT:- In the present case as mandated by the Act no reopening can be done unless there is failure on the part of the assessee to disclose fully and truly all material facts. Since details of the house property was duly available with the Assessing Officer when original assessment under section 143(3) was done in my considered opinion the reopening after four years is bad and liable to be quashed. Accordingly, hold that the Assessing Officer has no jurisdiction to pass the order in this case. As regards the merits of the case addition has been made on the basis of percentage of the value of the house property. No case has been made out by the Assessing Officer that there was attempt by the assessee to reduce value of the house property income. It is not the case that the Assessing Officer has made any inquiry about the prevalent rental income or he has examined the State Municipal value. Without such examination, such a substitution of house property income upon whimsies and fancies of the Assessing Officer is not sustainable on the touchstone of Tip Top Typography [2014 (8) TMI 356 - BOMBAY HIGH COURT] - Thus hold that addition on merits is also not sustainable. Appeal of assessee allowed.
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