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| DATE: | November 24, 2011 (Date of publication) |
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| Click here to download the judgement (k_mohan_reopening_retrospective_amendment.pdf) |
S. 147: Retrospective amendment does not mean failure to disclose material facts
After the expiry of four years from the end of the assessment year, the AO reopened the assessment u/s 147 by relying on the retrospective amendment to s. 80HHC by the Taxation Laws (Amendment) Act, 2005 w.e.f. 1.4.1998. The CIT (A) and Tribunal (included in file) struck down the reopening. On appeal by the department, HELD dismissing the appeal:
The assessment was sought to be reopened on account of retrospective amendment to s. 80HHC introduced by the Taxation Laws Amendment Act, 2005 with effect from 1st April 1998. If the legislature amends the provisions of the Act with retrospective effect, it cannot be said that there was failure on the part of the assessee to disclose fully and truly all material facts relevant for the purpose of assessment.
[…] For more on s. 147 & retrospective amendments see CIT vs. K. Mohan (Bom) & CIT vs. Baer Shoes […]