Law: Income Tax Act, 1961

Section: 148,80HHD,288,143,147,151

Law: Income Tax Act, 1922

Section: 34

Section 147 of the Income-tax Act, 1961 - Income escaping assessment - Non-disclosure of primary facts - Assessment years 1989-90 to 1991-92 - Petitioner-company was engaged in business of travel agency and received commission - For assessment years in question, assessee claimed deduction under section 80HHD - It also filed certificates from chartered accountants certifying that deductions had been correctly claimed - Assessing Officer completed assessments under section 143(3) and allowed deduction under section 80HHD - Thereafter, Deputy Commissioner issued notices under section 148 - Whether since in reasons for reopening assessments it had not been alleged that there had been any omission or failure on part of assessee to disclose fully and truly all materials necessary for assessment, it could be said that assessee had fully disclosed all material facts and as such issue of notice under section 148 was illegal and without jurisdiction liable to be quashed - Held, yes FACTS The petitioner-company was engaged in business of travel agency and tour operation. It was an agent of the airlines for selling air tickets and for rendering services. It used to receive commission from such airlines. Similarly, the petitioner acted as an agent for various hotels and it got commission from such hotels for booking accommodation on behalf of the clients of the petitioner. For the assessment years 1989-90 to 1991-92, the petitioner claimed in its return deductions under section 80HHD, and as required for each of the said assessment years, the petitioner filed certificates, in the prescribed forms from the chartered accountants, inter alia, certifying that the deductions had been correctly claimed. The Assessing Officer passed the orders of assessments in respect of the said three assessment years under section 143(3) and allowed the petitioner deduction under section 80HHD. Thereafter, the Deputy Commissioner issued notices under section 148 alleging that there had been escapement of assessment within the meaning of section 147. The petitioner, thereafter, filed fresh returns in respect of the said assessment years in reply to the notices issued under section 148. On writ :…

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