The Appellate Tribunal examined the reopening of assessment ...

Reopening of assessment after 4 years and addition u/s 68 invalid due to full disclosure by assessee.

Case Laws     Income Tax

November 18, 2024

The Appellate Tribunal examined the reopening of assessment after four years and the addition u/s 68 of the Income Tax Act. It held that the original assessment was completed on 27.11.2018, and the notice u/s 148 for reopening was issued on 22.03.2019, after the expiry of the four-year period from the end of the assessment year 2011-12. The assessee had disclosed the information regarding the receipt of share capital in the return and financial statements during the original assessment. The Assessing Officer failed to substantiate any fault on the assessee's part in fully and truly disclosing material facts. Relying on the Bombay High Court's decisions in Everest Kanto Cylinder Ltd. and Ananta Landmark (P) Ltd., the Tribunal held that after four years, reassessment is not permissible unless the assessee failed to truly and fully disclose necessary facts. Since the assessee had disclosed the details of shareholders who subscribed to the share capital, and the Assessing Officer had already made an addition for one shareholder in the original reopening order, the reopening beyond four years without recording any lapses on the assessee's part for non-disclosure was invalid. The assessee's appeal was allowed.

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