2023 (6) TMI 1038

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.... escaped assessment within the meaning of Section 147 of the Income Tax Act, 1961 (the "said Act"). 2. Rule was issued on 23rd February. 2005 and though liberty was granted to the Assessing Officer (A.O.) to continue the proceedings pursuant to the notice, he was directed not to pass an assessment order until further order of this Court. 3. Admittedly, the notice has been issued after the expiry of four years from the end of the relevant Assessment Year. Therefore, as per the proviso to Section 147 of the Act, no action could be taken unless any income chargeable to tax has escaped assessment for such assessment year by reason of failure on the part of the assessee to disclose fully and truly all material facts necessary for its asses....

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....ment Order dated 16th March 2000 in which the only issue which has been discussed is the deduction claimed under Section 80-O. The A. O. has extensively dealt with the submission of bills during the assessment proceedings. In fact, the A. O. has also recorded that the assessee even submitted relevant supporting vouchers and bills which have been verified on the test case basis with the detailed statement filed by the assessee. This indicates that what is recorded in the reasons to believe that assessee did not produce bills is incorrect. 8. Mr. Suresh Kumar submitted that there was an amendment to the law during A. Y. 1998-99 and therefore, the A. O. has not correctly applied the provisions of the Amendment during assessment proceedings.....