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TMI Blog2012 (12) TMI 420X X X X Extracts X X X X X X X X Extracts X X X X ..... he assessment. As per the proviso to Section 147 of the Act, assessments beyond four years from the end of the relevant assessment year can be reopened only if there is failure on the part of the assessee to disclose all material facts. Therefore, in the facts of the present case, the decision of the Tribunal in holding that the reopening of the assessment was bad cannot be faulted. Once, it is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tive, the other questions relating to the merits of the case become academic. 3. In the assessment years in question, the assessment orders under 143(3) of the Income Tax Act, 1961 ('the Act' for short) were passed by the assessing officer. However, the assessments for the said assessment years were sought to be reopened by recording the reasons which for the assessment year 1989-90 reads thus:- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under the head Profits gains of business or profession . From the records, it is seen that no such deduction of tax had been made by the assessee responsible for payment of these amounts to the personnel working overseas. Hence, the entire amount of such overseas allowance claimed in its profit and loss account i.e. Rs.38,13,583/- is required to be disallowed and consequent addition made to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he ITAT. Challenging the aforesaid orders of the ITAT, the present appeals are filed by the revenue. 6. From the reasons recorded for reopening the assessment as well as the concurrent finding of fact recorded by the CIT(A) and ITAT, it is evident that there was no failure on the part of the assessee to disclose fully and truly all material facts necessary for the assessment. As per the proviso ..... X X X X Extracts X X X X X X X X Extracts X X X X
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