Case Law Details
Rajbhushan Omprakash Dixit Vs DCIT (Bombay High Court)
Undisputed fact is that all these documents were before the Assessing Officer when the original scrutiny under assessment under Section 153A read with 143(3) was made. It was in this background that the Assessee had, in his objections, asserted that the documents relied upon in the reasons were very much available with the Assessing Officer earlier.
In this context, once the Department i.e. the Assessing Officer had certain information, material, or document before him during the assessment proceeding, irrespective of the source of such information, material, or document, the Assessee cannot be blamed for non-disclosure thereof.
Mr. Suresh Kumar, however, sought to rely on the Explanation 1 to Section 147 to contend that this would be a case of lack of true and full disclosure on the part of the Assessee. This Explanation reads as under :
“Explanation 1.- – Production before the Assessing Officer of account books or other evidence from which material evidence could with due diligence have been discovered by the Assessing Officer will not necessarily amount to disclosure within the meaning of the foregoing proviso.”
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