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TMI Blog2012 (2) TMI 158X X X X Extracts X X X X X X X X Extracts X X X X ..... siness activity of the assessee is manufacturing of jewellery in a Special Economic Zone entitling deduction u/s 10A – Decided in favor of assessee. - WRIT PETITION (L) NO.2784 OF 2011 - - - Dated:- 24-1-2012 - DR.D.Y.CHANDRACHUD AND M.S.SANKLECHA, JJ. Mr.Percy J.Pardiwala, Senior Advocate with Mr.Pankaj Toprani for the Petitioner. Mr.Arvind Pinto for the Respondents. ORAL JUDGMENT (PER DR.D.Y.CHANDRACHUD, J.) : Rule; with the consent of Counsel for the parties returnable forthwith. With the consent of Counsel and at their request the Petition is taken up for hearing and final disposal. 2. In these proceedings under Article 226 of the Constitution, the Petitioner has challenged the validity of a notice issued on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... acilitator for its parent company and is not a manufacturer or exporter. The assessment proceedings for Assessment Year 200506 are sought to be reopened purely on the basis of the findings contained in the assessment order for Assessment Year 200708. 4. Counsel appearing on behalf of the Petitioner submitted that the reopening of the assessment is beyond a period of four years from the end of the relevant assessment year. Consequently, the jurisdictional condition which must be fulfilled is that there must be a failure on the part of the assessee to disclose fully and truly all material facts necessary for assessment for that assessment year. The sole basis for reopening the assessment is the order of assessment passed in Assessment Year ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eyond a period of four years of the end of the relevant assessment year. The condition precedent to the exercise of the jurisdiction to reopen an assessment beyond a period of four years as spelt out in the proviso to Section 147 is that there ought to be a failure on the part of the assessee to disclose fully and truly all material facts necessary for assessment for that assessment year. In the present case, the sole basis on which the assessment proceedings were sought to be reopened is the order which has been passed on 5 July 2011 for Assessment Year 200708. In that order, according to the Revenue, it has been held that the assessee acts as a mere facilitator and is not a manufacturer so as to entitle it to the deduction under Section 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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