Reopening beyond 4 years without any failure in disclosing material facts unsustainable

DCIT Vs Santha Build Tech India Pvt. Ltd. (ITAT Chennai)

ITAT Chennai held that reopening after expiry of 4 years, without establishing any failure on part of the assessee to disclose any material facts necessary for its assessment, is bad-in-law and liable to be quashed.

Facts- The assessee is engaged in the business of construction of residential buildings. The assessee’s case was selected for scrutiny assessment and the assessment was completed u/s. 143(3) of the Act vide order dated 31.03.2016.

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