Kalpataru Plus Shrayans v. Dy. CIT (2021) 207 DTR 138 / 323 CTR 747 ( 2022) 440 ITR 269/ 286 Taxman 159 (Bom.)(HC)

S. 147 : Reassessment-After the expiry of four years-Interest expenses-No failure to disclose material facts-Reassessment notice was quashed. [S. 57, 148, Art. 226]

The assessment was completed u/s. 143(3) of the Act. The Reassessment notice was issued on the ground that the interest paid to HDFC bank was not allowable as deduction u/s 57 of the Act. The assessee filed the  writ  petition to quash the reassessment notice, allowing the petition the Court held that there is no failure on the part of the assessee to truly and fully disclose all primary facts necessary for the purpose of assessment. Accordingly the reassessment notice was quashed. Followed Calcutta Discount Co Ltd v. ITO (1961) 41 ITR 191 (SC), Ananta Land Mark Pvt. Ltd. v. Dy. CIT  (2021) 439 ITR 168 (Bom.)(HC). (AY. 2012-13)