C.I.T vs. URMILA LOHIA
What did the High Court hold?
The High Court of Delhi held that it saw no reason to interfere with the pure findings of fact returned by the Income Tax Appellate Tribunal. The Tribunal had found that the assessee had made a full and true disclosure of material facts and had disclosed all relevant information during the original assessment. The issuance of the notice under Section 148 after four years triggered a proviso, which would typically require a finding of failure to disclose. However, the Tribunal, based on the factual position, concluded there was no such failure. Consequently, the High Court determined that no substantial question of law arose for its consideration. The appeal was dismissed.
What were the facts?
The appeal before the High Court of Delhi was directed against an order passed by the Income Tax Appellate Tribunal (ITAT) on November 30, 2007. The assessment year in question was 1998-1999. The core issue concerned the validity of an assessment order passed under Section 143(3)/147 of the Income Tax Act, 1961. The ITAT had considered a notice issued under Section 148 after a period of four years from the end of the relevant assessment year, triggering the applicability of a proviso. The ITAT, however, made a finding of fact that the assessee had not failed to make a full and true disclosure of material facts and had disclosed all material facts during the original assessment under Section 143(3).
What were the issues?
1. Whether the assessment order passed under Section 143(3)/147 of the Income Tax Act, 1961, is valid, considering the notice under Section 148 was issued after a period of four years from the end of the relevant assessment year. Assessee's Contention: The ITAT found in favor of the assessee, holding that there was no failure on the part of the assessee to make a full and true disclosure of material facts. The assessee had disclosed all material facts at the time of the original assessment under Section 143(3). Revenue's Contention: The judgment does not explicitly record the revenue's contentions. However, the context implies the revenue likely argued for the validity of the assessment order, potentially challenging the ITAT's finding regarding the assessee's disclosure.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF DELHI AT NEW DELHI . 09.09.2008 . Present: Ms Prem Lata Bansal for the Appellant. . + ITA 1036/2008 . This appeal is directed against the order passed by the Income Tax Appellate Tribunal on 30.11.2007 pertaining to the assessment year 1998-1999. The issue raised before the Tribunal was with regard to the validity of the assessment order passed under Section 143(3)/ 147 of the Income Tax Act, 1961. The Tribunal noted that the notice under Section 148 was issued after a period of four years after the end of the relevant assessment year and, therefore, the proviso would be applicable. In such a situation it would have to be returned as a finding of fact that the assessee had failed to make a full and true disclosure of the material facts. The Tribunal, on a consideration of the factual position, has returned a finding that there was no failure on the part of the assessee to make a full and true disclosure of the material facts. The Tribunal also noted that the assessee had disclosed all the material at the time of the original assessment under Section 143(3). We see no reason to interfere with these pure findings of fact. No substantial question of law arises for our consideration. The appeal is dismissed. BADAR DURREZ AHMED, J . . . RAJIV SHAKDHER, J September 09, 2008 SR . . 11
More judgments on Section 147
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- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
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- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
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