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Reopening Beyond Four Years Invalid as Non-Filing of Form 3CL Not Material Non-Disclosure
Case Law Details
- Case Name
- Apollo Tyres Ltd Vs ACIT (Kerala High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2009-10
- Courts
- All High Courts, Kerala High Court
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Apollo Tyres Ltd Vs ACIT (Kerala High Court)
Reopening of assessment beyond four years was unsustainable as non-filing of Form 3CL did not constitute non-disclosure of material facts.
Conclusion: Form 3CL was not a determinative document for claiming deduction, and non-production of the same did not amount to wilful non-disclosure or suppression of material facts under Explanation 1 to Section 147. The reopening of assessment beyond four years was therefore invalid and time barred.
Held: Assessee claimed a deduction under Section 35(2AB) for the assessment year 2009-10. In th...
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