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Issues Involved:
1. Validity of the notice under Section 148 of the Income Tax Act, 1961. 2. Jurisdiction to reopen the assessment under Section 147 of the Income Tax Act, 1961. 3. Allegation of income escaping assessment. 4. Limitation period for reassessment proceedings. 5. Full and true disclosure of material facts by the assessee. Issue-wise Detailed Analysis: 1. Validity of the Notice under Section 148: The writ petition was filed by the assessee to quash the notice dated 30.03.2010 under Section 148 of the Income Tax Act, 1961, and the consequential order passed on 29.03.2011. The respondents supported the notice, stating that the Officer had valid reasons to believe that the income had escaped assessment and that the proceedings were within the limitation period provided under Sections 147 and 148 of the Act. The petitioner argued that the notice was issued without jurisdiction and was barred by limitation, as there were no valid reasons to support the reopening of the assessment. 2. Jurisdiction to Reopen the Assessment under Section 147: The petitioner contended that the reopening of the assessment under Section 147 was without jurisdiction as there was no material to support the belief that income had escaped assessment. The petitioner relied on various judicial decisions to argue that the reopening of the assessment was not justified. The court held that the power to reopen an assessment under Section 147 is wide but must be based on tangible materials showing that income had escaped assessment. The court emphasized that mere change of opinion does not empower the authority to reopen an assessment. The court found that there were no materials to base the belief that income had escaped assessment, and hence, the notice was without jurisdiction. 3. Allegation of Income Escaping Assessment: The second respondent issued the notice under Section 148 on the ground that certain payments made by the assessee would not fall under Section 44BB of the Act and were subject to TDS at a higher rate. The Officer viewed that the services rendered by the assessee attracted Section 44D or Section 115A of the Act or fell within the definition of "Fee for technical services" under Section 9(1)(vii) of the Act. The Officer also held that the expenses claimed called for proportionate disallowance under Section 40(a)(i) of the Act. The court found that the assessee had fully disclosed all material facts during the original assessment, and there was no suppression of facts. Therefore, the allegation of income escaping assessment was not justified. 4. Limitation Period for Reassessment Proceedings: The petitioner argued that the reassessment proceedings were barred by the limitation period of four years as provided under the proviso to Section 147 of the Act. The court agreed with the petitioner, stating that the notice was issued beyond the four-year limitation period and was therefore not valid. The court emphasized that the reopening of the assessment must be based on the failure of the assessee to disclose fully and truly all material facts necessary for the assessment, which was not the case here. 5. Full and True Disclosure of Material Facts by the Assessee: The petitioner contended that there was no failure on their part to disclose fully and truly all material facts necessary for the assessment. The court found that the assessee had participated fully in the enquiry under Section 143(2) of the Act and had disclosed all material facts and materials for the purpose of making the assessment. The court held that there was no allegation that the assessee had not disclosed truly and fully the material facts, and hence, the reopening of the assessment was not justified. Conclusion: The court quashed the notice issued under Section 148 and the consequential order, holding that the reassessment proceedings were without jurisdiction, lacked the necessary materials to support the belief that income had escaped assessment, and were barred by the limitation period. The writ petition was allowed, and the reassessment proceedings were quashed.
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