Dismissing the petition the Court held that, while original return was filed, audit was not completed and report was not available before assessee, still assessee had chosen to indicate wrong date of audit report, while filing original return. Therefore, it was evident that date of audit report furnished in original return was not true information or disclosure of material facts and therefore, reasons for reopening assessment indicating that there was failure on part of assessee to disclose truly and fully material facts, was valid. Court directed the assessee to file regular appeal against order of assessment before concerned Appellate Authority. (AY. 2010-11)
Doosan Bobcat India Pvt. Ltd. v. DCIT (2019) 184 DTR 393 / (2020) 312 CTR 257 (Mad.)(HC)
S. 147 : Reassessment–With in four years-Failure to disclose material facts-Fails to challenge the reopening at the appropriate time before the Court-Not entitled to seek such indulgence, after allowing the Officer to pass the order of assessment-Writ Court cannot sit as an Appellate Authority and decide the merits of the assessment-Writ is held to be not maintainable. [S. 148, Art.226]