9911796707
TMI Blog2021 (6) TMI 771X X X X Extracts X X X X X X X X Extracts X X X X ..... d supply, erection and installation of escalators. It is engaged in manufacture and export of computer software which is a 100% export oriented unit duly approved vide proceedings dated 28.02.2002 under the Software Technology Park Scheme of the Government of India which was issued under the delegated power of the Directors of Software Technology Parks of India (STPI) by Inter Ministerial Standing Committee (IMSC) vide letter dated 24.06.1993. 3.There is no serious dispute in respect of the facts placed by the petitioner. The respondent-Department have also not disputed the nature of business as well as the order of approval issued by the Directors of STPI by IMSC vide letter dated 24.06.1993. 4.The issue raised is about the exemption to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Admittedly, the reopening of assessment proceedings are initiated beyond the period of four years and within a period of six years. Undoubtedly, if the reassessment proceedings are initiated within a period of four years, then the scope is wider. If the reassessment proceedings are initiated beyond the period of four years, then the conditions stipulated in the provisions are to be satisfied. 7.The learned counsel for the petitioner reiterated that there was no suppression or otherwise and the assessee filed returns and furnished all the details and even the reopening proceedings were not clear regarding any alleged suppression or non-disclosure and therefore, the initiation beyond the period of four years, is hit by the conditions stipul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ther such a stand taken beyond the period of four years can be sustained with reference to the conditions stipulated under Section 147 of the Act is the issue to be considered. 12.Let us now look into the conditions stipulated under Proviso to Section 147 of the Act, which contemplates that where an assessee under sub-Section (3) of Section 147 or Section 147 has been made for the relevant assessment year, no action shall be taken under Section 147 after the expiry of four years from the end of the relevant assessment year, unless any income chargeable to tax has escaped assessment for such assessment year by reason of failure on the part of the assessee to make a return under Section 139 or in response to a notice issued under sub-Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the assessee has not disclosed fully and truly all material evidence with an intention to escape from the payment of tax. Mere nondisclosure is insufficient in view of the fact that the assessee may have certain opinions in the matter of furnishing certain details to the Assessing Officer. Therefore, the motive or intention on the part of the assessee for such non-disclosure is also a material ground to be considered by the Courts as well as by the authority at the time of reopening of assessment beyond the period of four years. 16.In respect of the case on hand, undoubtedly, the assessee had not submitted the ratification certificate to be obtained from the CBDT for claiming exemption under Section 10B of the Act. However, there are c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... done. Thus, it was a mistake or omission committed by the Assessing Officer at the time of passing of the original assessment order. Even in such cases, if the reopening of assessment is made within a period of four years, then there is a ground for the Department to reopen the same. However, in the present case, the reopening of assessment is made beyond the period of four years and therefore, the statutory requirement contemplated under Section 147 is to be complied with scrupulously. Thus, the ground taken for reopening of assessment that the assessee has not disclosed fully and truly all material facts is not established in the present case and the assessee, in fact, submitted all the particulars regarding the approval granted by the au ..... X X X X Extracts X X X X X X X X Extracts X X X X
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