TMI Blog2016 (4) TMI 402X X X X Extracts X X X X X X X X Extracts X X X X ..... fully and truly disclose the material facts. Consequently, the Court has no hesitation in holding that the order dated 18th March 2002, recording the reasons for the reopening of the assessment for AY 1994-95, is not in conformity with the mandatory requirement under Section 147 of the Act and therefore is unsustainable in law. - Decided in favour of assessee - WP (C) No. 1912/2002 - - - Dated:- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 10CCAC, as well as the audit report under Section 44AB of the Act. It is stated that for AY 1994-95 the Assessing Officer ( AO ) specifically examined the issue under Section 80HHC. 3. Rectification proceedings under Section 154 of the Act were initiated by the AO and these were subsequently dropped after the replies of the Petitioner. 4. On 29th March, 2001, the AO issued notices under Sect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this short ground, the said notice for AY 1993-94 and all proceedings pursuant thereto are held to be bad in law. 6. As far as the notice under Section 148 of the Act seeking to reopen the assessment for AY 1994-95 is concerned, certain facts are required to be noted. On 22nd March 2002, while directing notice to be issued to the Respondent, the Court had directed that the assessment proceedin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been made. 7. The Court is informed that, as of date, no further steps have been taken subsequent to the assessment order, which according to the Petitioner had not been passed on the date of the filing of this petition. However, the counsel for the Petitioner has no information if the said assessment order has been given effect to. 8. The Court has perused the reasons for reopening of the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d under Section 143(3) of the Act. There is not a whisper that there has been a failure by the Assessee to fully and truly disclose the material facts. Consequently, the Court has no hesitation in holding that the order dated 18th March 2002, recording the reasons for the reopening of the assessment for AY 1994-95, is not in conformity with the mandatory requirement under Section 147 of the Act an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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