2014 (4) TMI 239

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....d challenging the notice issued under section 147 of the Income-tax Act, 1961 (for short "the Act"), for reopening the assessment in relation to the assessment year 2005-06. The notice has been issued for reopening of the assessment with a date, if we take it, on March 30, 2012. Therefore, going by arithmetic calculation, it is more than four years. It is not the law that delayed notice cannot be ....

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....ial facts necessary for his assessment for that assessment year." It is clear that before any notice is issued after expiry of four years, the officer concerned must be satisfied that there has been an escapement in assessment of income, which is chargeable to tax and this is because of the failure on the part of the petitioner-assessee to make a return under section 139 of the Act or in respon....

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....be reopened after expiry of four years. But, such right is sought to be taken away in the situation as mentioned in the first proviso. Unless that situation exists, the issue is always a closed chapter. Mr. J. V. Prasad, learned counsel appearing for the Revenue submits that there are conditions in this regard. Unfortunately, as rightly pointed out by Mr. Ratnakar, nothing has been disclosed....