For invoking proviso of section 147 after period , there must be failure on the part of the assessee either under section 139 or in response to a notice under section 147/148

Last updated: 22 August 2012

Court :
INCOME TAX APPELLATE TRIBUNAL

Brief :
The facts indicate that original assessment was completed on 29.03.2004 and it was reopened by recording reasons on 26.03.2008. As per assessee, there was no failure to disclose all material facts and since reopening was done on the basis of retrospective amendment made in law, so it cannot be said that there had been any failure to disclose all material facts. Therefore, relying upon the cases reported in CIT vs. Navnitalal Sakarlal, 125 I.T.R. 67 (Guj.), (1) Simplex Concrete Piles (India) Ltd. (2) Geo Miller And Co. Ltd. vs. DCIT & Others, 262 I.T.R. 605 (Cal.), CIT vs. SIL Investments Ltd., 339 I.T.R. 166(Del.), it was pleaded for quashment of initiation of re-assessment as Assessing Officer could not assume jurisdiction and moreover mechanical approval has been given, therefore, relying upon the judgment reported in United Electrical Co. P. Ltd. vs. CIT And Others, 258 I.T.R. 317 at 322(Del.), Chhugamal Rajpal vs. S.P. Chaliha and Others, 79 I.T.R. 603 and Duli Chand Singhania vs. ACIT, 269 I.T.R. 192, Wel Intertrade P. Ltd. and Another vs. ITO, 308 I.T.R. 22, it was pleaded for quashment of the order of re-assessment on this score alone.

Citation :
DCIT, Circle 13(1), New Delhi (Appellant) Vs. M/s Orient Clothing Co. Pvt. Ltd., 1E/15, Jhandewalan Ext., New Delhi. (PAN/GIR No.AAACO1779K) (Respondent)