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TMI Blog2013 (11) TMI 1801X X X X Extracts X X X X X X X X Extracts X X X X ..... nt is not sufficient. Referring to the judgment of the Kerala High Court in the case of Alappat Jewels vs ACIT (2013) 30 taxmann.com 212 (Ker), copy of which is filed, the ld.,DR submitted that issue of notice after expiry of four years from the end of the assessment year will not invalidate the reassessment proceedings since the assessee has a duty to bring to the notice of the officer the particular item in the books of account or portion of the document which are relevant. In this case, according to the ld.DR, the assessee had not brought to the notice of the assessing officer the current account balance as on 31-03-2003. Hence, there was a negligence on the part of the assessee in disclosing the entire details necessary for completing t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the document which are relevant. In this case, the reason for reopening the assessment is with regard to partners current account balance. The assessing officer, by a specific letter, asked for details with regard to partners capital account and current account. The assessee has filed all the details. Moreover, it is not a case of production of books of account before the assessing officer. The books of account were seized by the department during the course of search and the entire books of account were with the department for examination. Since the assessing officer specifically raised a query with regard to the capital and current account, according to the ld.representative, the same was clarified specifically before the assessing off ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stody of the department. During the course of original assessment, the assessing officer sought details through a specific questionnaire. In fact it is apparent from the assessment order dated 24-12-2007 that the assessing officer had called for all the details specifically. The assessing officer on 10-05-2007 by issuing a questionnaire has called for the following details which are apparent from the assessment order: . A questionnaire was also issued to the assessee on 10.5.2007, requesting the assessee to produce books of account and to file statement of bank accounts, cash flow statement, partners capital and current account, details of addition made to fixed assets etc. 5. The assessing officer, after considering the specific d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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