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| The Tax Publishers2020 TaxPub(DT) 3865 (Bom-HC) : (2020) 428 ITR 0519 : (2020) 317 CTR 0388 : (2021) 276 TAXMAN 0229 INCOME TAX ACT, 1961
Section 148
Since there was no failure on part of assessee to disclose fully and truly all material facts necessary for assessment and, therefore, reassessment notice issued beyond four years was hit by proviso to section 147 and mere availability of alternative remedy could be no bar for exercise of writ jurisdiction when exercise of power by AO under section 148 ex-facie appeared to be without jurisdiction.
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Reassessment - Notice beyond four years - No failure on part of assessee to disclose fully and truly all material facts - Admissibility of writ petition
AO reopened assessment after expiry of four years from the end of relevant assessment year. Assessee challenged the notice by way of writ petition. As per AO, on account of availability of alternative remedy of appeal, writ petition was not maintainable. Held: As evident from notice issued under section 148, there was no failure on part of assesse to disclose fully and truly all material facts necessary for assessment and, therefore, reassessment notice issued beyond four years was hit by proviso to section 147 and mere availability of alternative remedy could be no bar for exercise of writ jurisdiction when exercise of power by AO under section 148 ex-facie appeared to be without jurisdiction. Therefore, notice was quashed as invalid.
REFERRED :
FAVOUR : in assessee's favour
A.Y. : 1990-91
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