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After four years, the Assessing Officer issued notice under Section 148 of the Act proposing to reopen the assessments for the assessment years 1998-99 and 1999-2000. The reason for reopening being that it was not brought to the notice of the Assessing Officer that the assessee had not been registered under Section 12A of the Act in order to claim exemption on income received as “corpus fund”. Therefore, the Assessing Officer drew a conclusion that the assessee failed to disclose fully and truly all material facts necessary for the assessment.

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Section 147 & 148 of the Income Tax Act, 1961 — Reassessment—Filing of objections to the reasons is not an empty formality and if this is so, passing a speaking order on the objections cannot be treated as an empty formality and to be brushed aside as a procedural error, therefore, to state that it would be sufficient for the AO to deal with the objections in the assessment order and thereafter if the assessee is aggrieved, he can file a statutory appeal, would be against the principles of natural justice — Commissioner of income tax vs. Pentafour Software Employees Welfare Foundation [2019] 418 ITR 427 (Madras)

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