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In case of disclosure of material facts of during original assessment proceeding, AO cannot issue re-assessment notice u/s 148 of the Act to find nature of same
Case Law Details
- Case Name
- Oracle India Pvt. Ltd. Vs DCIT (Delhi High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Delhi High Court
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It is a settled position in law that for reassessment proceedings beyond the period of four years from the end of the relevant assessment year, it is an essential condition that the income chargeable to tax which has allegedly escaped assessment must be occasioned, inter alia, by reason of the failure on the part of the assessee to disclose fully and truly all material facts necessary for the assessment, for that assessment year. Mr Syali, the learned senior counsel, appearing on behalf of the petitioner / assessee submits that in the present case, this pre-condition has not been met, inasmuch...
Right decition.
You cannot go on an on your so called assessments is the principle of res judicata u/s 11 of CPC 1908.
Making even judgement cannot be ever open for new litigation.
Once judgement by AO is over on an assessment within the time provided to him per law he cannot reopen is the principle of resjudicata, that way limitation also helps, so litigation can never be ever go on on, thanks