2022 (3) TMI 973

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....hich have been raised in the reasons recorded for re-opening and both those issues have been discussed and analysed during the assessment proceedings before the original assessment order dated 29th December 2017. 2. Here is the case, where admittedly the notice under Section 148 has been issued after the expiry of 4 years from the end of relevant year and assessment having been completed under Section 143(3) of the Act, proviso to Section 147 applies. As provided in the proviso, there is a bar on reopening after 4 years unless there has been failure on the part of assessee to disclose truly and fully material facts relating to the assessment. The onus is on respondents to show that there has been failure on the part of the assessee to trul....

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....regards the provision for expenses of Rs. 59,04,000/-, the Assessing Officer had raised a specific query on the date of hearing held on 27th December 2017 and petitioner by letter dated 28th December 2017 submitted their explanation. Based on the same and after due verification, the Assessing Officer made disallowance of Rs. 34,20,657/- in regard to provision for doubtful debts out of total provision for expenses claimed of Rs. 59,04,000/-. Of course, petitioner has filed an appeal against the said disallowance, which appeal is still pending. 6. In view of the above, it is quiet clear that both the issues raised in the reasons for reopening were subject matter of consideration before the Assessing Officer. When primary facts necessary for ....