Wilfred D’Souza v. ITO (2023) 290 Taxman 267 (Karn.)(HC)

S. 147 : Reassessment-Within four years-Capital gains-No failure to disclose material facts-Reassessment notice and order disposing of the objection was quashed. [S. 45, 68, 148, Art. 226]

The assessing Officer issued a reopening notice on the ground that consideration received on sale had not been filed by the assessee in returns and thus there was a reason to believe that income had escaped assessment. On writ allowing the petition, the Court held that the assessee had made full disclosure of consideration received in its returns and the same was not disputed by Assessing Officer.  Notice issued was only on premises that the assessee had received a certain amount of consideration and no other reasons. Accordingly, the notice and order disposing of the objection were quashed. (AY. 2008-09)