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TMI Blog2022 (12) TMI 404X X X X Extracts X X X X X X X X Extracts X X X X ..... was failure on the part of assessee to disclose fully and truly all the material facts necessary for the said assessment years. Nothing contrary to the findings of the ITAT is demonstrated or urged by the Revenue. In view of the settled position of law and the AO not stating that there was failure on the part of the assessee to disclose material facts, no exception can be taken to the order passed by the ITAT. Resultantly, these appeals must fail. - HON'BLE MR. JUSTICE P.S. DINESH KUMAR AND HON'BLE MR. JUSTICE T G SHIVASHANKARE GOWDA Appellants (Common) (By Sri E.I. Sanmathi, Standing counsel) Respondent (Common) (By Sri T. Suryanarayana, Senior Advocate for Smt. Tanmayee Rajkumar, Advocate) JUDGMENT P.S. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... recorded in the file for issuing the notice. By his communication dated 16.04.2013, the AO conveyed the reasons recorded for reopening the case. Thereafter reassessment was completed for both years. CIT(A) (Commissioner of Income Tax (Appeals)) confirmed the reassessment orders. The assessee challenged the orders passed by CIT(A) before ITAT (Income Tax Appellate Tribunal) . 6. By the impugned common order, the ITAT has partly allowed the appeals. In substance, the ITAT held that issuance of second notice under Section 148 of the IT Act was bad in law. Feeling aggrieved, the Revenue has preferred these appeals. 7. Shri E.I. Sanmathi, submitted that ITAT has not examined the issue on merits, it has merely considered the aspect of c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tails submitted by Bank . He argued that this expression makes it amply clear that after verification of the details submitted by the Bank, AO had, indeed noticed that certain branches were situated in such areas described as rural area, though they were not, infact, in the rural area. 10. In substance, Shri. T.Suryanarayana, urges two points. Firstly that, if a notice under Section 148 of the IT Act is to be issued after expiry of four years, reasons must be recorded in the file and secondly that the same must be communicated. In support of his contentions, he placed reliance on Hindustan Lever Ltd. Vs. R.B.Wadkar [2004] 137 taxman 479 (BOM) para 20 and the Commissioner of Income Tax Anr. Vs. Hewelett Packard Digital Global Soft Ltd ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under Section 148 of IT Act is to be issued after expiry of four years or before expiry of six years, the assessee should have failed to disclose the material facts . The ITAT on consideration of the material on record in para 8 of its order has held that AO has not even stated or alleged that there was failure on the part of assessee to disclose fully and truly all the material facts necessary for the said assessment years. Nothing contrary to the findings of the ITAT is demonstrated or urged by the Revenue. In view of the settled position of law and the AO not stating that there was failure on the part of the assessee to disclose material facts, no exception can be taken to the order passed by the ITAT. Resultantly, these appeals must f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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