Anish Garg v. ITO (2025) 234 TTJ 98(SMC) (Chd)(Trib)

S. 147 : Reassessment-After the expiry of four years-Full and true disclosure-Survey-No failure to disclose material facts-Reassessment was quashed and set aside.[S.133A, 148]

Held that the AO  neither specified the incriminating material allegedly found during the course of the survey under S. 133A nor the contents of such material in the reasons recorded for reopening the assessment, nexus between such material and formation of belief that income has escaped assessment has not been established, and there being no material on record which has nexus with the opinion formed by the AO that the income escaping assessment is in excess of Rs. 1,00,000, the AO did not have the requisite authority to reopen the assessment under s. 147, and consequently, the reassessment proceedings are set aside. (AY. 2012-13)

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