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On non-compliance with statutory condition precedent, reopening of an assessment cannot be sustained
Case Law Details
- Case Name
- Arthur Anderson & Co. Vs ACIT (Bombay High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Bombay High Court
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SUMMARY OF THE CASE LAWS
The condition precedent in the proviso to Section 147 is that the income must have escaped assessment by the failure of the assessee to fully and truly disclose all material facts necessary for assessment for that Assessment Year.
CASE LAWS DETAILS
DECIDED BY: HIGH COURT OF BOMBAY,
IN THE CASE OF: Arthur Anderson & Co. Vs ACIT, APPEAL NO: Writ Petition No. 2555 of 2009, DECIDED ON March 19, 2009
RELEVANT PARAGRAPH
6. The material on the record before the Court shows that in the statement of total income the assessee had disclosed an interest incom...
