https://www.taxtmi.com/caselaws?id=9134 Reopening under section 147(a) requires escaped income to arise from the assessee's failure to disclose fully and truly all material facts. Where excess depreciation resulted partly from the assessing officer's own failure to apply the correct method, the jurisdictional condition for reassessment was not met, so reopening on that basis was invalid. The same principle applied to the balancing charge under section 41(2): the relevant facts were already on record, and any short assessment stemmed from the department's earlier method of taxation rather than non-disclosure by the assessee. The reassessment notices were therefore quashed. en-us Fri, 14 Dec 1973 00:00:00 +0530 Fri, 19 Jun 2009 17:38:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=9134 Reopening under section 147(a) requires escaped income to arise from the assessee's failure to disclose fully and truly all material facts. Where excess depreciation resulted partly from the assessing officer's own failure to apply the correct method, the jurisdictional condition for reassessment was not met, so reopening on that basis was invalid. The same principle applied to the balancing charge under section 41(2): the relevant facts were already on record, and any short assessment stemmed from the department's earlier method of taxation rather than non-disclosure by the assessee. The reassessment notices were therefore quashed. Case-Laws Income Tax Fri, 14 Dec 1973 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=9134