Assessee filed his return of income which was accepted and an assessment order was passed under section 143(3). On the basis of information received from AIR, Assessing Officer issued a reopening notice under section 148 after four years from end of relevant assessment year in respect of cash deposits made and made addition. On appeal the Tribunal held that the assessee had disclosed said cash deposits in his bank account in balance sheet and profit and loss account filed with return of income for relevant assessment year and same was duly considered by Assessing Officer while passing assessment order under section 143(3).Since there was no failure on part of assessee to disclose material facts truly and fully, impugned reopening notice issued beyond period of four years was illegal and set aside. (AY. 2008-09)
Pardeep Kapoor. v. ITO (2024) 207 ITD 187 (Amritsar) (Trib.)
S.147: Reassessment-After the expiry of four years-Information received from AIR-Cash deposited in bank-Considered in the original assessment proceedings-Reassessment is not justified.[S. 68]
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