- (1.) IN this application the writ petitioner challenges the reopening of the assessment for the assessment year 1983-84 by a notice dated 6. 9. 1989 which is at. page 97 of the writ petition.
(2.) AFTER the writ petition was filed the reasons for reopening of the assessment were forwarded to the writ petitioner a copy whereof has been produced in Court (during hearing) in two sheets and the same should be kept on the record of these proceedings. I am told by Counsel on behalf of the respondents that the reasons were produced pursuant to an order dated 16. 3. 1990. An affidavit of one Ramnath Jhunjhunwalla dated 30th March, 1990 is also before me which was affirmed in respect of the said reasons for reopening.
(3.) BY reason of an amendment which became effective from the 1st of April 1989 Section 147 of the Income Tax Act now reads in such a way as not to permit the reopening of the assessment for any assessment year after a lapse of four years from the conclusion of the said assessment year excepting on certain specified grounds In this case the writ petitioner has urged that none of these ground exists and thus the reopening is bad in law. The said proviso is set out hereunder. Provided that where an assessment under sub-section (3) of section 3 43 of this section has been made for the relevant assessment year, no action shall be taken under this section after the expiry of four years from the end of the relevant assessment year, unless any income chargeable to tax has escaped assessment for such assessment year by reasons of the failure on the part of the assessee to make a return under section 139 or in response to a notice issued under sub-section (1) of Section 142 or Section 148 or to disclose fully and truly all material facts necessary for his assessment for that assessment year.;