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Order can’t be challenged by filing writ petition if assessee miserably failed to challenge reassessment notice

November 29, 2019[2019] 111 473 (Madras)

INCOME TAX : Where assessee miserably failed to challenge reopening of assessment at appropriate time, he could not have been encouraged to challenge order of assessment straight away by filing a writ petition before High Court

• Admitted fact remains that assessee had quoted a wrong date viz., 29-9-2010 as date of audit report not only in original return but also in revised return before reopening and also in return filed in response to notice issued under section 148.

• Assessee claimed that it is an inadvertent mistake or clerical mistake. Assuming that it is a mistake, committing same mistake again and again, prima facie, does not appear inadvertent, when assessee was fully aware of fact that date of audit report was 12-1-2011 and not 29-9-2010, as claimed in returns filed.

• Therefore, it is evident that date of audit report furnished in original return is not a true information or disclosure of material facts and therefore, reasons for reopening assessment indicating that there is a failure on part of assessee to disclose truly and fully material facts, cannot be stated as a reason without any basis.

• Therefore, whether wrong committed by assessee in referring to date of audit report will certainly have a live link to say that income has escaped assessment or not, is to be considered by next fact finding authority, as this Court is not expressing any view on said issue raised by assessee, as it is fully convinced that this matter is to be agitated before Appellate Authority not before this Court.
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