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TMI Blog2016 (12) TMI 1004X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee to disclose fully and truly all material facts necessary for its assessment reopening of the assessment cannot be sustained. Under the circumstances, as the condition precedent to invoke the powers under Section 147 of the Income Tax Act to reopen the assessment beyond four years are not satisfied, the impugned notice to reopen the assessment for the Assessment Year 2010-11 cannot be sustained. - Decided in favour of assessee - Special Civil Application No. 15630 of 2016 - - - Dated:- 29-11-2016 - M. R. Shah And B. N. Karia, JJ. Mr B S Soparkar, Advocate for the Petitioner Mr KM Parikh, Advocate for the Respondent JUDGMENT ( Per : Honourable Mr. Justice M. R. Shah ) 1. By way of this petition under Article ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ded under Section 147 of the Income Tax Act are satisfied there cannot be any reopening of the assessment beyond four years. The reasons recorded to reopen the assessment, for the Assessment Year 2010-11, which has been furnished to the petitioner assessee vide communication dated 14/07/2016, reads as under; Please refer to this office Notice under Section 148 of the Act dated 10/03/2016. You have filed return of income in response to the above notice on 06/04/2016. The reasons recorded for re-opening your case are as under:- Return of income disclosing total income at ₹ 1,56,49,195/- has been filed in this case on 15/10/2010. Assessment under Section 143(3) of the Act was finalized on 28/03/2013, determining total incom ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ied i.e. in the reason recorded there is no whisper to the effect that the income had escaped assessment on account of failure on the part of the assessee to disclose fully and truly all material facts necessary for its assessment reopening of the assessment cannot be sustained. 5. Under the circumstances, as the condition precedent to invoke the powers under Section 147 of the Income Tax Act to reopen the assessment beyond four years are not satisfied, the impugned notice to reopen the assessment for the Assessment Year 2010-11 cannot be sustained. Even otherwise, from the reasons recorded it appears that the assessment is sought to be reopened on mere change of opinion. The Assessing Officer while passing the original assessment order ..... X X X X Extracts X X X X X X X X Extracts X X X X
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