Commissioner of Income Tax vs Mrs. Urmila Lohia

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 u/s 143(3)/ 147 of the income tax Act, 1961. The Tribunal noted that the notice u/s 148 was issued after a period of four years after the end of the relevant assessment year and, therefore, 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 u/s 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.