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2016 (6) TMI 201
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....B.C.S. Naik, D.R. ORDER Per Sanjay Garg, Judicial Member The present appeal has been preferred by the assessee against the order dated 26.11.2012 of the Commissioner of Income Tax (Appeals) [hereinafter referred to as the CIT(A)] relevant to assessment year 2003-04. 2. The assessee has agitated the impugned additions which have been made pursuant to reopening of the assessment under se....
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....that the notice under section 148 was issued to the assessee beyond the period of four years from the relevant assessment year, whereas, there was no failure on the part of the assessee to disclose fully and truly all material facts during the original assessment proceedings. Hence the reopening of assessment was bad in law in view of the first proviso to section 147 of the Act. 3. We have cons....
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....sessment year because of any failure on the part of the assessee to disclose fully and truly all the material facts necessary for the completion of assessment. The said 1st proviso to section 147 for the sake of convenience is reproduced as under: "Provided that where an assessment under Sub-section (3) of Section 143 or this section has been made for the relevant assessment year, no acti....
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.... allegation that there was any failure on the part of the assessee to disclose fully and truly any material fact, necessary for the completion of assessment. Even, there is no such mention of any failure on the part of assessee to disclose any material fact in the notice dated 30.03.10 served on the assessee under section 148 of the Act. The AO in the reasons recorded has mentioned about the fact ....