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2013 (10) TMI 312 - HC - Income TaxReassessment u/s 147 - Whether on the facts and the circumstances of the case and in law the Tribunal was justified in holding that there was no failure on the part of the assessee to disclose fully and truly all material facts for his assessment when the material facts were neither submitted in return or accompanying documents and not in the documents submitted during the course of the assessment, despite the specific query of A.O. for the same - Held that - two authorities i.e. CIT(A) and the Tribunal have come to a concurrent finding of fact that all material facts necessary for assessment have been disclosed by the assessee during the course of original proceedings. Thus, we see no reason to entertain the proposed questions of law - Decided against Revenue.
Issues:
1. Disclosure of material facts for assessment. 2. Validity of reopening assessment under Section 147 of the Income-tax Act. Issue 1: Disclosure of material facts for assessment The appeal by the revenue for Assessment Year 1995-96 raised questions regarding the justification of the Tribunal's decision on the disclosure of material facts by the assessee. The assessment for the relevant year was completed under Section 143(3) of the Income-tax Act, 1961, and the notice for reopening the assessment under Section 148 was issued beyond the four-year period. The basis for reopening the assessment was the alleged failure of the assessee to disclose facts related to shares allotted to M/s. Daimler Benz for technical know-how, resulting in excess benefit under Section 35AB of the Act. The revenue contended that documents, such as copies of agreements, were not furnished, leading to a failure to disclose all material facts. Issue 2: Validity of reopening assessment under Section 147 of the Income-tax Act The Tribunal, in the impugned order, upheld the CIT (Appeals) finding that all facts regarding the allotment of shares to M/s. Daimler Benz in exchange for technical know-how were disclosed by the assessee to the Assessing Officer during the assessment process. The Tribunal affirmed that all primary facts were disclosed during the original assessment proceedings, rendering the reopening of the assessment beyond four years unwarranted. Both the CIT (A) and the Tribunal concurred that the assessee had disclosed all necessary material facts for assessment during the original proceedings. Consequently, the appeal was dismissed with no order as to costs.
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