https://www.taxtmi.com/caselaws?id=188855 A reassessment notice under section 34(1)(a) of the Income-tax Act, 1922 was invalid because the statutory preconditions were not met. The assessee had already filed returns as a registered firm, the Department had treated the firm as a taxable entity, and there was no omission to return income or failure to disclose fully and truly all material facts. A later departmental attempt to treat the same partners as an association of persons, based on alleged illegality of the partnership, did not establish escapement by nondisclosure. The notice was quashed and the petition was allowed with costs. en-us Tue, 01 Apr 1958 00:00:00 +0530 Sat, 17 Dec 2016 18:57:31 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=188855 A reassessment notice under section 34(1)(a) of the Income-tax Act, 1922 was invalid because the statutory preconditions were not met. The assessee had already filed returns as a registered firm, the Department had treated the firm as a taxable entity, and there was no omission to return income or failure to disclose fully and truly all material facts. A later departmental attempt to treat the same partners as an association of persons, based on alleged illegality of the partnership, did not establish escapement by nondisclosure. The notice was quashed and the petition was allowed with costs. Case-Laws Income Tax Tue, 01 Apr 1958 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=188855