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2023 (6) TMI 886 - GUJARAT HIGH COURTReopening of assessment u/s 147 - Non disposing of objections - reopen the assessment after scrutiny assessment, after a period of more than four years - HELD THAT:- As without disposing of the objections filed by the petitioner, yet, another notice came to be issued to the petitioner, which also contained the reasons for reopening. Once again, the petitioner submitted its objections to the aforesaid notice. Respondent No.2 has recorded reasons only on the basis of the information or the material, which was already available on the record, and not from any other source or the material, so as to state that the petitioner had withheld or did not disclose something at the time of original scrutiny. It is an undisputed fact that the Respondents sought to re-open a completed assessment, beyond the period of four years from the end of the relevant assessment year. Attempt on the part of the revenue to reopen the assessment after scrutiny assessment, after a period of more than four years, especially, in absence of any circumstances about non-disclosure of true and full material on the part of the assessee, is not permitted. Decided in favour of assessee.
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