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2022 (6) TMI 807 - MADHYA PRADESH HIGH COURTReopening of assessment u/s 147 - notice beyond period of four years - as submitted that Explanation-1 vests Assessing Officer with the authority to invoke Section 147 of the IT Act in respect of cases pertaining to assessment year more than four years old when it is found that their account books or other material furnished by the assessee were insufficient for the AO to discover escaped income despite exercise of due diligence - HELD THAT:- Explanation-1 circumscribes the aforesaid exception (ii) that if the material and account books produced by the assessee for the relevant assessment year are such where despite exercise of due diligence, the Assessing Officer could not discover escaped income then such disclosure would not provide immunity to assessee from the clutches of Section 147 of the IT Act. The reasons assigned by the Assessing Officer in Annexure P/7 dated 04.02.2022 is that the material and accounts books furnished qua the relevant assessment year were insufficient despite exercise of due diligence to discover escaped income. The contents of Explanation-1 to proviso of Section 147 of the IT Act vests the Assessing Authority with ample power to invoke Section 147 of the IT Act qua assessment year more than four years old. This Court cannot go into the sufficiency of reasons assigned specially when the case is pending before the Assessing Authority to adjudicate upon in regard to alleged escaped income of year 2013-14. Writ jurisdiction of this Court under Article 226 of the Constitution of India or supervisory jurisdiction of this Court under Article 227 of the Constitution of India cannot be invoked to attack the sufficiency of the reasons assigned for re-opening of a case of escaped income so long as the power exercised and the reasons assigned therefore are traceable to any statutory provision. Thus, it cannot be said that the impugned notice of the assessment and re-opening of the case u/s 147 of the IT Act is bereft of jurisdiction.
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