2010 (5) TMI 68

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.... the Respondent: Ms Kavita Jha CORAM:- Hon'ble Mr Justice Badar Durrez Ahmed Hon'ble Mr Justice V.K. Jain 1. Whether Reporters of local papers may be allowed to see the judgment?   2. To be referred to the Reporter or not?   3. Whether the judgment should be reported in Digest?   BADAR DURREZ AHMED, J (ORAL) 1. These appeals are directed against the common or....

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....t, 1961. The said proviso makes it clear that no case can be re-opened after four years from the end of the relevant assessment year unless there is any income chargeable to tax which has escaped assessment for such assessment year, inter alia by reason of the failure on the part of the assessee to disclose fully and truly all material facts necessary for the assessment of that assessment year. ....

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.... conditions which were not even applicable on the date on which the return was filed and on which the original assessments were completed. It is only on the basis of the subsequent amendment which has been introduced with retrospective effect that the Revenue has sought to invoke the provisions of Section 147 for the purposes of re-opening of the assessments. 3. The Commissioner of Income Tax (....

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.... the assessee had failed to disclose fully and truly all material facts necessary for the assessment. The Tribunal, on an examination of the material on record, concluded that all the relevant facts were available on record and that it could not be said that at the time when the assessee filed the return, he had failed to disclose fully and truly all material facts necessary for the assessment bec....