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2019 (2) TMI 1723 - DELHI HIGH COURTReassessment proceedings u/s 147/148 - Whether reasons to re-open the assessment proceedings for AY 2002-03 amounted to a second opinion or review of the previous view expressed? - HELD THAT:- Reassessment proceedings were initiated on the premise that the scrutiny assessment originally completed, was in ignorance of a binding decision of Supreme Court in Southern Switchgears Ltd. v. CIT [1997 (12) TMI 105 - SC ORDER] . The reassessment was completed and the amounts were added back. The assessee appealed, both on merits and on the issue of reopening. The CIT(A) concurred with the view of the Assessing Officer (AO). However, the Tribunal, following the decision of the Supreme Court in CIT v. Kelvinator of India Ltd. [2010 (1) TMI 11 - SUPREME COURT] and other decisions was of the view that since this scrutiny assessment had gone into the taxability of amounts in question, the AO could not have revisited the same issue on the pretext that a binding decision was overlooked. This Court is of the opinion that the impugned order is sound and reasonable and in accord with the judgment of the Supreme Court. Further, in somewhat circumstances, where reassessment proceedings were sought to be initiated on the ground of expenditure wrongly allowed in ignorance or overlooking Southern Switchgears [1997 (12) TMI 105 - SC ORDER] , this Court in Xerox Modicorp Ltd. v. DCIT [2013 (1) TMI 160 - DELHI HIGH COURT] held that reassessment proceedings were unauthorised by law
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