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2015 (10) TMI 947 - DELHI HIGH COURT

2015 (10) TMI 947 - DELHI HIGH COURT - TMI - Reopening of assessment - Held that:- There is no whisper of the petitioner having failed to disclose fully and truly all material facts necessary for his assessment. Therefore, the necessary ingredient for inviting the provisions of Section 147 is missing. As such, the initiation of the re-assessment proceedings pertaining to assessment year 2004-05 does not have the backing of law. Consequently, the impugned notice under Section 148 and all proceedi .....

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ated 28.03.2011 and proceedings pursuant thereto including the order rejecting the objections dated 01.11.2011 are under challenge in this petition. 2. The original assessment under Section 143(3) was completed on 22.12.2006. 3. We have heard the counsel for the parties. Without going into great detail, the simple point taken by the learned counsel for the assessee is that this is a case of reopening of assessment beyond 4 years from the end of the assessment year and therefore the first proviso .....

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he material facts necessary for the assessment. 4. Reliance has been placed by the learned counsel on the decision of this court in Haryana Acrylic Manufacturing Co. Vs. CIT (2009) 308 ITR (Delhi). In that case, this court had observed as under: In the reasons supplied to the petitioner, there is no whisper, what to speak of any allegation, that the petitioner had failed to disclose fully and truly all material facts necessary for assessment and that because of this failure there has been an esc .....

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no action under section 147 could be taken. We have already mentioned above that the reasons supplied to the petitioner does not contain any such allegation. Consequently, one of the conditions precedent for removing the bar against taking action after the said four year period remains unfulfilled. In our recent decision in Wel Intertrade P. Ltd. (2009) 308 ITE 22(Delhi) we had agreed with the view taken by the Punjab and Haryana High Court in the case of Duli Chand Singania (2004) 269 ITR 192 .....

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