Reopening of assessment beyond 4 years unsustainable as full and true material facts disclosed

Crown Real Estate Pvt Ltd Vs ITO (ITAT Chennai)

ITAT Chennai held that reopening of assessment beyond 4 years without any failure on the part of the assessee to disclose fully and truly all material facts necessary for its assessment is bad in law and hence liable to be quashed.

Facts- The main contention of the appellant is assumption of jurisdiction u/s.148 of the Act by the AO and confirmed by the CIT(A) is against, for the reason that the reopening is beyond 4 years and original assessment was completed u/s.143(3) of the Act vide order dated 15.03.2016 and there is no failure pointed out by the AO in the reasons recorded on the part of the assessee to disclose fully and truly all material facts for completion of assessment for the relevant assessment year.

Conclusion- Held that reopening is beyond 4 years and as the original assessment was framed u/s.143(3) of the Act, the Revenue could not establish any failure on the part of the assessee to disclose fully and truly all material facts necessary for its assessment, the reopening in present case is bad in law. Hence, reopening is quashed and this jurisdictional issue is allowed in favour of assessee.

FULL TEXT OF THE ORDER OF ITAT CHENNAI

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