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    <title>2012 (9) TMI 609 - Gujarat High Court</title>
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    <description>Reassessment under section 148 issued after four years from the end of the relevant assessment year requires the recorded reasons to show that income escaped assessment because the assessee failed to file a return, respond to notices, or disclose fully and truly all material facts necessary for assessment. The recorded reasons here contained no such allegation or finding, so the jurisdictional condition for reopening was not satisfied. The notice was therefore invalid and quashed. The challenge based on the later amendment to section 10(15)(iv) was not examined, as the absence of the foundational disclosure failure was decisive.</description>
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    <pubDate>Tue, 12 Jun 2012 00:00:00 +0530</pubDate>
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      <title>2012 (9) TMI 609 - Gujarat High Court</title>
      <link>https://www.taxtmi.com/caselaws?id=216801</link>
      <description>Reassessment under section 148 issued after four years from the end of the relevant assessment year requires the recorded reasons to show that income escaped assessment because the assessee failed to file a return, respond to notices, or disclose fully and truly all material facts necessary for assessment. The recorded reasons here contained no such allegation or finding, so the jurisdictional condition for reopening was not satisfied. The notice was therefore invalid and quashed. The challenge based on the later amendment to section 10(15)(iv) was not examined, as the absence of the foundational disclosure failure was decisive.</description>
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      <pubDate>Tue, 12 Jun 2012 00:00:00 +0530</pubDate>
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