Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2018 (12) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (12) TMI 328 - AT - Income TaxReopening of assessment - change of opinion - Held that:- The action of the AO is a change of opinion case because the original assessment has been framed in the case of the assessee u/s. 143(3) of the I.T. Act, after making detailed enquiry and the AO has accepted the version of the assessee. Therefore, assessee had made full and true disclosure during the original assessment proceedings. Reopening had been done merely on change of opinion in as much as that in the original assessment made u/s. 143(3). AO has no fresh material to form his opinion regarding escapement of assessment and he has also not found any tangible material to record the reasons for reopening of the assessment of the assessee. It is a settled law that merely change of opinion is not permissible under the law. This view is supported by the Hon’ble Delhi High Court decision in the case of Commissioner of Income Tax vs. Usha International Ltd. [2012 (9) TMI 767 - DELHI HIGH COURT] and the decision of the Hon’ble Supreme Court of India in the case of CIT vs. Kelvinator of India Limited [2010 (1) TMI 11 - SUPREME COURT OF INDIA]. - Decided in favour of assessee.
|