In this petition the assessee challenged the order of Commissioner rejecting the application under S. 264 of the Act to quash the reassessment which was passed after the expiry of four years . Allowing the petition the Court held that, the notice for reopening of assessment came to be issued beyond a period of four years from the end of assessment year in question. The Assessing Officer in the original assessment proceedings had examined the assessee’s claim to deduction under section 10B of the Income-tax Act, 1961. He wanted to be specific about the assessee’s claim and therefore, he raised queries in respect thereof in response to which the assessee placed a number of documents and materials on record. After scrutiny, the Assessing Officer passed the original order of assessment in which he did not reject the claim of deduction under section 10B . In fact, he accepted the claim substantially making a minor disallowance to the extent the assessee of foreign exchange payment not received within the prescribed period. There was no failure on the part of the assessee to disclose necessary facts. Both on the ground of non-failure of the assessee to disclose necessary facts and on the ground of scrutiny during original assessment proceedings, notice of reopening on this issue was not permissible. ( AY. 2007 -08)