The Tax Publishers2021 TaxPub(DT) 0867 (Guj-HC) : (2021) 432 ITR 0068

INCOME TAX ACT, 1961

Section 148

During original assessment proceedings, specific query was raised by AO with respect to section 14A and same was appropriately replied by assessee which was accepted at the relevant point of time. Once again very same issue was sought to be raised for the purpose of reopening of assessment which was otherwise not permissible in law on mere change of opinion. There was no failure on part of assessee to fully and truly disclose all the material facts and, therefore, section 148 notice issued beyond four years was hit by proviso to section 147 and was, therefore, quashed.

Reassessment - Notice beyond four years - No failure to disclose fully and truly all material facts -

AO issued notice under section 148 after expiry of four years from the end of relevant assessment year so as to reopen assessment and to make disallowance under section 14A. Assessee challenged the notice by way of writ petition taking plea of proviso to section 147. Held: During original assessment proceedings, specific query was raised by AO with respect to section 14A and same was appropriately replied by assessee which was accepted at the relevant point of time. Once again very same issue was sought to be raised for the purpose of reopening of assessment which was otherwise not permissible in law on mere change of opinion. There was no failure on part of assessee to fully and truly disclose all the material facts and, therefore, section 148 notice issued beyond four years was hit by proviso to section 147 and was, therefore, quashed.

Applied:CIT v. Kelvinator India (2010) 2 SCC 723 : (2010) 320 ITR 561(SC) : 2010 TaxPub(DT) 1335 (SC).

REFERRED :

FAVOUR : In assessee's favour.

A.Y. : 2012-13



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