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Issues involved: Appeal against the decision of Bombay High Court declining application u/s 256(2) of Income-tax Act, 1961 for reference of questions regarding validity of reassessment proceedings u/s 147(a) for assessment years 1955-56 to 1962-63 and justification of Tribunal's action.
Validity of Reassessment Proceedings: The Supreme Court analyzed the obligation of the assessee to disclose primary facts and not inferential facts, emphasizing the requirement of full and true disclosure of all material facts for assessment. The Court considered whether the assessee had disclosed the nature of assets accurately, crucial for determining entitlement to depreciation, as excessive allowance had led to income escaping assessment. The Court highlighted the necessity of disclosing material facts to avoid underassessment, citing relevant legal precedents. Assessee's Contentions: The assessee argued that primary facts were fully discussed during assessment, contending that the revenue could have delved deeper into the nature of assets. However, the Court held that the onus is on the assessee to make complete and accurate disclosures, as mere production of evidence is insufficient. The Court referenced Explanation 2 to section 147 of the Act and reiterated the importance of disclosing all relevant facts to the assessing authority, regardless of whether omissions were deliberate or inadvertent. Judicial Observations: The Court underscored that the assessing authority may not uncover all material facts, necessitating the assessee to ensure full disclosure. Referring to established legal principles, the Court emphasized that the jurisdiction to reopen assessments is triggered by non-disclosure of material facts, even if such omissions were not intentional. The Court highlighted the significance of primary facts in determining income escapement, stating that such non-disclosure leading to underassessment is a factual inquiry. High Court Decision: The High Court's refusal to request a statement of case on a question of law was upheld by the Supreme Court, resulting in the dismissal of the appeals without costs. The Court affirmed the importance of disclosing all material facts for accurate assessment, in line with legal provisions and precedents. This summary encapsulates the Supreme Court's detailed analysis of the validity of reassessment proceedings, the assessee's disclosure obligations, judicial observations on disclosure requirements, and the affirmation of the High Court's decision.
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