In the course of assessment proceedings specific query was raised as regards credit for tax deduction at source and the assessment was completed u/s 143(3) of the Act. The notice for reassessment was issued on 31-3-2019. Detailed reply was filed, however order disposing the objection was passed. On writ the Court held that there has been no failure on the part of assessee to disclose and the entire re-opening is on the basis of details available on record and change of opinion. Relied on Indian and Eastern Newspaper Society v. CIT (.1979) 119 ITR 996 (SC)]. The Court also observed that when query was raised, though there is no discussion in the assessment order, the reassessment is not permitted. Relied on Aroni Commercial Ltd v. Dy. CIT (2014) 362 ITR 403/ 44 taxmann.com 304 (Bom)(HC). Notice of reassessment and order disposing objection was quashed. (WP No. 3501 of 2019 dt. 19-1-22) (AY. 2012-2013)
Lintas India Pvt Ltd v. UOI (Bom.)(HC) (UR)
S. 147 : Reassessment-After the expiry of four years-Change of opinion-No failure to disclose material facts-Query raised in the course of assessment proceedings-No discussion in the assessment order-Credit for tax deduction at source-Notice of reassessment and order disposing objection was quashed. [S. 148, Art, 226]