Noshir Darabshaw Talati v. Dy. CIT (2024) 296 Taxman 133 / 462 ITR 37 (Bom)(HC)

S.147: Reassessment-After the expiry of four years-No failure to disclose material facts-Reassessment notice and order disposing the objection is quashed.[S. (2(22)(e), 147, 148, Art. 226]

 

Allowing the petition the Court held that when the assessee had made full and true disclosures of all the details as required by the AO during the original assessment proceedings, such as details of loans taken and shareholding by the assessee in the companies from which the loan was taken-It was the duty of the AO to draw the relevant inferences based on the disclosures-the assessment could not be  reopened beyond the period of four years because AO had the reasons to believe that undisclosed income under S 2(22)(e) has escaped assessment because the assessee had not disclosed the percentage of shareholding-Held, once all the primary facts are before the assessing authority, it requires no further assistance by way of disclosure. Reassessment notice and order disposing the objection is quashed.(AY. 2006-07)