1979 (11) TMI 148

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....e IT Act, 1961 in respect of asst. yr. 1972-73. The original assessment was done under s. 143(1)(a) on 19th Jan., 1973 without any scrutiny of the return. The assessee had constructed a building at a declared cost of Rs.31,990. Within five months from the date of completion of original assessment, i.e. on 23rd June, 1973, the ITO had information by way of an Inspector's report that the cost of con....

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.... course the ITO in the course of assessment proceedings had asked the assessee a question whether he had constructed or made any investments in the accounting year. So the assessee cannot be accused of suppressing material facts necessary for his assessment because question of suppression arises only when there is an obligation to disclose. On that ground this case of the Department has to be reje....