9911796707
TMI Blog2025 (2) TMI 582X X X X Extracts X X X X X X X X Extracts X X X X ..... MI 41 - BOMBAY HIGH COURT] has held that there has to be not only the allegation that there is a failure on the part of the assessee to disclose fully and truly all material facts but the reasons should also state what are the material facts which were not disclosed. On a perusal of the reasons recorded in the present case, we do not find any allegation of any failure to disclosure fully and truly of material facts necessary in the assessment. But on the contrary on a perusal of the reasons recorded, it shows that the information on the basis of which re-opening is sought was based on the documents filed by the petitioner alongwith the return of income and in the assessment proceeding. Therefore, on this short ground itself the impugned pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t, impugned notice is barred by the first proviso to Section 147 of the Act. She further submits that the issue for which the re-opening is sought was raised in the course of the assessment proceedings and a reply was filed by the petitioner and same was considered in the assessment order. Therefore, based on this ground also the impugned proceedings would amount to change of opinion. She relied upon the decision in the case of Hindustan Unilever Limited Vs R.B. Wadkar (2004) 268 ITR 332 and decision of the co-ordinate bench of this Court in the petitioner's own case in Writ Petition No. 3108 of 2022 dated 31 October 2022 in support of her submission and prayed that the impugned notice be quashed. She further submits that all the details we ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d in the present case, we do not find any allegation of any failure to disclosure fully and truly of material facts necessary in the assessment. But on the contrary on a perusal of the reasons recorded, it shows that the information on the basis of which re-opening is sought was based on the documents filed by the petitioner alongwith the return of income and in the assessment proceeding. Therefore, on this short ground itself the impugned proceedings are required to be quashed and set aside. 8. The learned counsel for the petitioner is justified in relying upon the decision in its own case in Writ Petition No.3108 of 2022 where on very similar ground the notice under Section 148 of the Act was quashed. 9. In any case the assessing office ..... X X X X Extracts X X X X X X X X Extracts X X X X
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