The Tax Publishers2020 TaxPub(DT) 4655 (Mad-HC) : (2021) 435 ITR 0539 : (2021) 277 TAXMAN 0230

INCOME TAX ACT, 1961

Section 147

Reopening of assessment after the expiry of four years from the end of the relevant assessment year would be completely regarded as reopening without jurisdiction.

Reassessment - Validity - Notice issued after expiry of four years -

Assessee filed appeal contending that reopening of assessment was wholly unsustainable for the reason that it was a clear case of change of opinion. Held: Reopening of assessment was without jurisdiction as the proviso to section 147 puts an embargo on the revenue in the present case from proceeding further as no action shall be taken under this section after the expiry of four years from the end of the relevant assessment year. Therefore, to make any further observation or issuing any further direction after holding so could not be sustained in the eye of law.

REFERRED :

FAVOUR : In favour of assessee.

A.Y. : 2010-11 & 2011-12



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