Case Law Details
What material fact has not been disclosed by the assessee is not clear in order rejecting the objections issue of notice under section 148 is invalid.
The proviso to section 147 of the said Act imposes an injunction on the revenue authorities prohibiting them from taking any action beyond the said period of four years unless (i) any income chargeable to tax has escaped assessment for such assessment year, (ii) by reason of the failure on the part of the assessee (a) to file a return under section 139 of the said Act or in response to a notice issued under sub-section (1) or section 147 or section 148 of the said Act or (b) to disclose fully or truly all material facts necessary for the assessment for that assessment year.
In the present case, the impugned reasons behind the notice dated 28.03.2012, which we have extracted above, does not even carry a whisper that there has been a failure on the part of the assessee to fully and truly disclose all material facts necessary for the assessment. Even the order rejecting the objections does not indicate as to what material fact has not been disclosed by the assessee.
HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on : 24.01.2013
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