Reopening Beyond Four Years Invalid as Non-Filing of Form 3CL Not Material Non-Disclosure

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 the approval grante...