https://www.taxtmi.com/caselaws?id=7879 Reassessment under section 148 could not be sustained where the assessee had already disclosed the sale deed and transfer of the collieries in the original proceedings. The court applied the settled principle that the assessee must disclose primary facts fully and truly, while drawing the legal inference from those facts is for the assessing authority. Since the alleged escapement arose only from a later legal understanding of the effect of registration on transfer, and not from any omission to disclose material facts, the reopening lacked jurisdiction. Reliance on the appellate order and the provisions for assessment in consequence of a finding or direction was also rejected, and the notice with consequential proceedings was quashed. en-us Mon, 06 Oct 1969 00:00:00 +0530 Mon, 23 Mar 2009 12:13:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=7879 Reassessment under section 148 could not be sustained where the assessee had already disclosed the sale deed and transfer of the collieries in the original proceedings. The court applied the settled principle that the assessee must disclose primary facts fully and truly, while drawing the legal inference from those facts is for the assessing authority. Since the alleged escapement arose only from a later legal understanding of the effect of registration on transfer, and not from any omission to disclose material facts, the reopening lacked jurisdiction. Reliance on the appellate order and the provisions for assessment in consequence of a finding or direction was also rejected, and the notice with consequential proceedings was quashed. Case-Laws Income Tax Mon, 06 Oct 1969 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=7879