TMI Blog2014 (4) TMI 1152X X X X Extracts X X X X X X X X Extracts X X X X ..... iew of the above the proceedings initiated under Section 147 cannot be justified and accordingly treated as invalid and void ab-initio. Exercise under Section 148 of the I.T. Act was started after expiry of four years from the end of the relevant assessment years, the department was obliged to demonstrate that the assessee had failed "to disclose fully and truly all material facts necessary for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Mr. Bhowmick appeared with respect to the appeal relating to the assessment year 2002-03 and Mrs. Bhargava appeared with respect to the appeals relating to the assessment years 1999-2000 and 2001-02. The orders under Section 147 of the I.T. Act for all the three assessment years were set aside by the CIT (A) holding as follows : In view of the above, I am of the opinion that the appella ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rs from the end of the relevant assessment years. It is also not in dispute that the original assessments were made in respect of each of the three years under Section 143(3) of the I.T. Act. Since the exercise under Section 148 of the I.T. Act was started after expiry of four years from the end of the relevant assessment years, the department was obliged to demonstrate that the assessee had faile ..... X X X X Extracts X X X X X X X X Extracts X X X X
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