Home Case Index All Cases VAT and Sales Tax VAT and Sales Tax + HC VAT and Sales Tax - 2017 (5) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (5) TMI 928 - ALLAHABAD HIGH COURTValidity of reassessment proceedings - change of opinion - material relied upon both for assessment and reassessment had remained the same, and therefore, subsequent view taken in reassessment proceedings was nothing but change of opinion, and was thus not permissible - Held that: - the material forming the basis for assessment and also for reassessment are one and the same. It is further apparent that on the basis of such materials, the assessing authority had accepted the claim put forth by the assessee. The reassessment proceedings are also on the basis of same set of materials. In such circumstances, the basis for reassessment could at best be either change of opinion or non-application of mind, both of which would not validate an order of reassessment. Tribunal's view that based upon the same material an order of reassessment would be impermissible being in the realm of 'change of opinion', does not suffer from an error of law and is maintained - revision rejected - decided against Revenue.
|