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In the present case, the Court is satisfied that there was no omission or failure on the part of the petitioner to disclose all material facts relevant to the original assessment proceedings under s. 143(3) of the Act. Accordingly, in terms of the proviso to s. 147 of the Act, the assumption of the jurisdiction by the AO for reopening the assessment was bad in law.

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Section 147 of the Income Tax Act, 1961— Reassessment— There was no ommision or failure on part of assessee to disclose all material facts relevant to the original proceedings under section 143(3). accordingly in terms of the proviso to section 147, the assumption of jurisdiction by the AO for reopening the assessment was bad in law — Vednata Ltd. vs. Assistant Commissioner of income tax [2020] 312 CTR (Delhi) 105

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