Case Law Details
Court: Gujarat High Court
Citation: Sadbhav Engineering Ltd. Vs. DCIT (OSD) [Special Civil Application No. 5846 & 5847 of 2010 date 20 July, 2010]
Brief : Reopening of tax assessment beyond four years on the basis of a retrospective amendment is not justified, if the assessee has fully and truly disclosed all the material facts necessary during the original assessment proceedings
Background:-The Gujarat High Court, in the case of Sadbhav Engineering Ltd. Vs. DCIT (OSD) [Special Civil Application No. 5846 & 5847 of 2010 date 20 July, 2010], quashing the notices issued under section 148 of the Income-tax Act, 1961 (“the Act”), has held that an assessment cannot be reopened on the basis of a retrospective amendment in law after the expiry of four years from the end of the relevant assessment year, if the assessee has fully and truly disclosed all the material facts necessary for the assessment.
Facts
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