2017 (4) TMI 1317

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....31.10.2007 declaring a total income of Rs. 409530/-and the assessment u/s 143(3) was completed by way of an order dated 23.12.2009 assessing the same at Rs. 629578/-. However, later on AO recorded that the assessee had filed to deduct the tax at source on payments made to M/s Gorang Travels, M/s Bedi Tour and Travels and to Sandeep Kataria to a tune of Rs. 54,84,000/-, Rs. 12,54,219/- and Rs. 2,75,768/- respectively and further difference to a tune of Rs. 7,50,989/- between the gross receipts shown in Profit and Loss Account and gross receipts reflected in Schedule TDS2 of the ITR as such he initiated proceedings u/s 147 by issuance of notice and concluded them by adding all these amounts to the income of the assessee. 3. Appeal preferre....

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....t under sub-section (3) of section 143 or this section has been made for the relevant assessment year, no action shall be taken under this section after the expiry of four years from the end of the relevant assessment year, unless any income chargeable to tax has escaped assessment for such assessment year by reason of the failure on the part of the assessee to make a return under section 139 or in response to a notice issued under sub-section (1) of section 142 or section 148 or to disclose fully and truly all material facts necessary for his assessment, for that assessment year." 7. Therefore, it is clear that after expiry of four years from the end of the relevant assessment year no action u/s 147 could be taken unless the escapement ....