ITO v. Jagdish Kumar Vitthalbhai Patel (2024) 300 Taxman 96 (SC) Editorial: SLP of Revenue is dismissed, Jagdish Kumar Vitthalbhai Patel v. ITO (2023) 151 taxmann.com 121 (Guj)(HC)

S.147: Reassessment-After the expiry of four years-Capital gains-No failure to disclose material facts-Reassessment notice and order disposing the objection is quashed by High Court-SLP of Revenue is dismissed. [S. 48,143(3) 148, Art. 136]

Assessee an individual derived income from different sources including share in partnership firm. Assessee along with five co-owners bought land into partnership firm. Return was selected for scrutiny and regular assessment was completed under section 143(3) of the Act.   Thereafter assessment was sought to be reopened on ground that share of assessee did not match with transaction shown by assessee. Notice under section 142(1) had been issued and various details had been called for furnishing purchase/sale deed of property sold during relevant year.  Assessment order passed under section 143(3) also stated that source of income of assessee was partnership share income and assessee had also shown income from short term capital gain. On writ  High Court held that in absence of any other material, reasons for belief that income had escaped assessment for reopening of case under section 147 clearly indicated that this belief was based on no material and there was no valid ground existing for resorting to reopening of assessment by invoking proviso to section 147 and thus, notice proposing to reopen completed assessment was  quashed and set aside. SLP of Revenue is dismissed.  (AY. 2012-13)

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