Royal Infrastructure. v. DCIT (2018) 407 ITR 358 (Guj) (HC)

S. 147 : Reassessment –With in four years-No failure to disclose truly all material facts- Re examination of claim on the basis of breach of condition for claiming deduction in another assessment year is not valid .[ S.80IB(10), 148 ]

Allowing the petition the Court held that; there was no failure on the part of the assessee to disclose truly and fully all material facts and the mandatory condition before reassessment under section 147 could be permitted was satisfied. In the absence of allegation of any of the breaches in the assessment year 2010-11 in question, the Assessing Officer according to the reasons recorded wished to re-examine the assessee’s claim to deduction under section 80-IB(10) on the premise that, that in the assessment year 2013-14 such claim was rejected since the assessee had breached the condition by allotting individual residential units to husband and wife. The notice issued under section 148 for reopening was set aside.( AY.2010-11)