State Bank of India v. Vineet Agrawal, ACIT (2020) 428 ITR 519 /317 CTR 388/ 195 DTR 81 /( 2021) 276 Taxman 229 (Bom.)(HC)

S. 147 : Reassessment-After the expiry of four years-No failure to disclose material facts-Denial of exemption-Reassessment notice is held to be not valid. [S. 10(15)(iv)(c), 148, 154, Art. 226]

Allowing the petition the Court held that, when the assessee brought to the notice of the Assessing Officer the details and information furnished by it by letter dated August 22, 1992, the Assessing Officer rectified the assessment order by an order passed under section 154 wherein it was held that relevant details were filed by the assessee and after going through the documents, allowed exemption under section 10(15)(iv). Thus the condition precedent for reopening the concluded assessment of the assessee was absent in the present case. In such circumstances, issuance of the notice under section 148 of the Act was clearly without jurisdiction and was therefore illegal and invalid. (AY.1990-91)