S.147: Reassessment-After the expiry of four years- full & true disclosure of material facts, the assessee has the duty to disclose the primary facts, It is not required to disclose the secondary facts – If the AO intends to rely upon the second Proviso to s. 148 for the extended period of 16 years limitation, the same should be stated either in the notice or in the reasons in support of the notice- It cannot be done in the order rejecting the objections or at a later stage – Reassessment was quashed . [ S. 69A, 148 , 149 Art , 226 ]
New Delhi Television Ltd v. Dy.CIT (2020) 424 ITR 607 / 188 DTR 36 / 314 CTR 17/ 116 taxmann.com 151/ 271 Taxman 1 (SC)www.itatonline.org . Editorial : Order in New Delhi Television Ltd v Dy.CIT ( 2017) 84 taxmann.com 136/288 CTR 430 / (2018) 405 ITR 132/ ( Delhi) (HC ) is set aside .