TMI Blog2021 (12) TMI 317X X X X Extracts X X X X X X X X Extracts X X X X ..... ioner was called upon to give details by a notice dated 30/07/1999 like nature of business, address of all business premises, details of current assets, details of additions / reductions to fixed assets, date of purchase, etc. Petitioner provided the details by its Advocate's letters dated 29/09/1999 and 14/12/1999. After considering Petitioner's submissions, the Assessing Officer has allowed deductions under Chapter VIA that includes Section 80IA. Therefore, we cannot accept that any new tangible material has been found for re-opening the assessment. - WRIT PETITION NO.141 OF 2005 - - - Dated:- 3-12-2021 - K. R. SHRIRAM AMIT B. BORKAR , JJ . Mr. P. J. Pardiwalla, Senior Advocate a/w Mr. Madhur Agrawal i/b Mr.Atul K. Jasa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... val u/s 151(1) of the Income-tax Act, if found in order. 4. Undisputedly, the re-opening is proposed after the expiry of 4 years from the end of the relevant assessment year and therefore the proviso to Section 147 of the Act shall apply. Where an assessment under Section 143(3) of the Act has been made for the relevant assessment year, it can be re-opened after expiry of 4 years from the end of relevant assessment year only if the income chargeable to tax has escaped assessment by reason of the failure on the part of the Assessee to disclose fully and truly all material facts necessary for his assessment, for that assessment year. As anyone could see from the reasons quoted above, there is not even an attempt made to disclose what mat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... TAT has attained finality. 8. In the circumstances, the order dated 27/12/2004 for AY 2001-02 on which reliance was placed by Respondent No.1 as a reason for re-opening Petitioner's assessment for AY 1997-98 has been set to nought. On this ground also, the notice dated 30/03/2004 which is impugned in this Petition has to be set aside. 9. Further we have to note that the jurisdiction exercised to reopen the assessment is not valid inasmuch as before passing the original Assessment Order dated 24/01/2000 for AY 1997-98, Petitioner was called upon to give details by a notice dated 30/07/1999 like nature of business, address of all business premises, details of current assets, details of additions / reductions to fixed assets, date of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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