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2011 (5) TMI 665 - HC - Income TaxReopening of the assessment and for enhancement of the income returned by the assessee - assessing authority mentioned that the value of the tanker is not included in the capital account and that the expenses was wrongly debited - valuation of the tanker lorry shows that the enhancement is sans any material, any document or any information in the possession of the assessing authority of a definite nature - In the absence of these important prerequisites to an exercise of power under section 148/147 of the Act, the formation of belief by the assessing authority on an inference drawn by him does not satisfy the test of there being any definite material or information coming within his possession for drawing such a conclusion and cannot be upheld. Rejection of the claim - driver's expenses - assessing authority did take note of the expenses claimed by the petitioner upon verification of the papers, books of account, etc., and after disallowing 5 per cent. of the such expenses, added the amount towards his income - finding of the successor-in-office ignoring the findings of the predecessor on the issue and disallowing the same in its entirety - change of opinion on the same set of facts and cannot be permitted - writ petition is allowed
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