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2023 (10) TMI 304 - GUJARAT HIGH COURTValidity of reopening of assessment - notice beyond the period of four years - Reason to believe - HELD THAT:- The reassessment has been done for the year 2013-14. The notice for such reassessment is dated 6.3.2020 i.e. beyond a period of four years. The law prescribes that in such cases, unless and until it is found that there was no full and true disclosure of material facts, the assessment cannot be reopened. On the facts of the present case, it has been found that the very same material and the assessment records are sought to be revisited and therefore it is not the case of the authority that there was a failure to fully and truly disclose all facts that led to the escapement of income so as to warrant an exercise of reassessment under Section 148 of the Act. In the case of Jivraj Tea [2020 (2) TMI 95 - GUJARAT HIGH COURT] this Court has held that in absence of any tangible material available, reopening beyond the period of four years is bad in law. - Therefore what is evident is that the notice dated 6.3.2020 and the order disposing off objections dated 31.08.2021 are bad in law and deserve to be quashed and set aside.
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